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COPYRIGHT DEPOSIT: 



A Manual 

OF 

Civil Government 



OF 



Indiana 

Township and County 
Town and City 



Describes the Legislature at Work 
The Machinery of Political Parties 
The Law of Contracts, Etc. Told 
in the language of the schoolroom 
for citizens large and small :: :: 



COPYRIGHTED BY 

D. W. SANDERS 

1908 



Published and for sale hy 

MANUAL PUBLISHING COMPANY 
COVINGTON, IND. 



.^3 



UBrtARY of CONFESS. 
Two Copies RiCtttoM 

JAN 24 ibJOB 



Utt a - XXc, Kv, 
COPY B. ' 



4 



To the school boy and school girl of Indiana, to the high 
school student, to the hard working teacher, and to citi- 
zens, who have often asked in vain the questions answered 
herein, this little volume is respectfully inscribed. 

THE AUTHOR. 




Having been a teacher for several years — chiefly in 
high schools and teachers' normals, I realized the urgent 
need for such a text, and for that reason have com- 
piled this "Manual/' 

Very truly yours, 




J/SlsL^X^t 



deSb& 




FASSETT A. COTTON, 
State Superintendent of Public Instruction. 



A Few Words In General 



(It is suggested that classes will find it both interesting 
and profitable to prepare a list of questions on each chap- 
ter for use in recitation). 

Dear Young Citizens of Indiana: 

By Citizen, is meant not only the man who votes, but 
his w T ife, sister, sweetheart, son and daughter as well. So 
no matter which one of the six you are, this book was 
written for you. The writer assumes that you desire to 
know how the government of your Township and County 
is carried on ; for that is the government with which every 
citizen comes in contact either directly or indirectly almost 
every day. 

In practically every High School course of study is a 
very interesting branch called " Civil Government' ' or 
"Civics. " But it is the Civil Government of the United 
States, the national government, the relation of States to 
the Union, the powers and duties of the President, of 
Congress, of the Supreme Court, as those duties are de- 
scribed in the Constitution of the United States. This is 
considered a very valuable and a very inspiring study for 
every American. The better we understand our govern- 
ment, the higher and broader our patriotism. 

The Constitution of the United States does not contain 
either the w r ord "Township'' or "County," and of course 
does not describe the powers and duties of Township and 
County officials. It is only one person in a great many, 
in the course of a long life, who ever has, even just once, 
any direct dealings with the national government; and it 
is not probable that more than one person in five hundred, 
of all who have lived in Indiana since the State was organ- 



ized ever shook hands with a president or wrote him a 
letter. But who is it that has never met and talked with 
and discussed official business with a Road Supervisor, or 
a Township Trustee, or a Township Assessor, or a County 
Treasurer, or a County Commissioner, or some official of 
the local government? 

It is altogether likely that you will often, in a perfectly 
honorable and peaceful way, come in contact with your 
local government, and may be elected to take charge of 
some part of it. In the State of Indiana there are 11,196 
Township officials — 1,016 of them being Township Trus- 
tees — and 1,656 County officials; making a total of nearly 
13,000; besides the thousands of town and city officials 
actually in office — and all elected by the people. 

In all the history of our country, only twenty-five dif- 
ferent citizens were ever President. In the lower house 
of Congress, there are only 389 members representing the 
forty-six states, or one for each 196,000 people. In the 
upper house are ninety-two senators, two from each state. 
Oklahoma is now a state, being the forty-sixth and is en- 
titled to two United States Senators, and five Represen- 
tatives in Congress. In the United States there are prob- 
ably 600,000 citizens actually in office, administering the 
local government, and paid by the local government. And 
yet that is the government which we have studied least 
and know least about. The writer of this book, admits 
that he had been a high school principal before he had the 
slightest idea how a suit is conducted through the Circuit 
Court, or how a petition is presented to the County Com- 
missioners, or what matters come before the Commission- 
ers, or what other duties the County Clerk had beside the 
issuing of marriage license; or what are the simple duties 
of County Recorder — had taught high school classes in 
Civil Government of the United States, without being able 



to give valuable, practical instruction in the Civil Govern- 
ment of the Indiana Towship and County, and could find 
no book on the latter subject. 

One of the greatest historical writers of the century, a 
most profound scholar, wrote this: "The American citi- 
zen comes in contact with his local government a hundred 
times as often as he comes in contact with the national 
government. ' ' Grown up men and women are sometimes 
laughed at for not knowing how some of the more simple 
public affairs are transacted, and for asking questions in 
regard to them. The writer and thousands of teachers, and 
school boys, and school girls, and citizens of all occupa- 
tions have asked many such questions, and have no doubt 
often wondered why some one had not written a book 
which would answer them. But this little book is believed 
to be the first of its kind. Every chapter was first talked 
over with some citizen or with some high school or district 
school, which the writer visited before writing the chap- 
ter. This was done to ascertain how much or how little 
was generally known about our home government, also to 
ascertain whether people were interested in such know- 
ledge — and they were always found interested. It was 
also to test whether a certain explanation would make 
it perfectly clear. As a rather general preparation for the 
task, the writer spent ten years as a teacher and superin- 
tendent, practised law two years, and was an editor for a 
little more than a year. After these experiences the writ- 
ing of the book was undertaken — the book which the author 
when a boy had wished for, but wished in vain. 

The State of Indiana. 

In your geography studies you notice that every State 
has a capital. This is often the largest or oldest city in 



8 

that State, but not always. "What is the capital? It is the 
city where the State's public business is carried on; it is 
where the Governor makes his home during his four years' 
term of office. It is not often that we elect a man Gov- 
ernor who already lives at the capital. Governor Mathews 
was a wealthy farmer of Vermillion County when elected 
in 1892; Governor Mount was a wealthy farmer of Mont- 
gomery County when elected in 1896. Governor Durbin 
was a banker in Anderson in Madison County. The pres- 
ent Governor, J. Frank Hanly, was first a farm laborer, 
then a teacher in the district schools of Warren County, 
opened a law office at Williamsport, was joint Senator 
from Fountain and Warren counties; moved to Lafayette 
where he continued the practice of law, was one term in 
congress, resumed the practice of law, was elected Governor 
in 1904. 

The State Legislature meets at the capitol of the State 
on Thursday next after the first Monday in January every 
two years — each year that ends in an odd number, as in 
1903, 1905, 1907, etc. Their meeting at Indianapolis makes 
that city the capital of Indiana. 

There are 150 men elected to make our state laws and 
elect a United States Senator. They are divided into two 
groups like two grades at school. One hundred in the 
lower class, called Representatives, elected for two years. 
The other fifty, called Senators, are elected for four years. 

The Senate is called the Upper House of our State Leg- 
islature. The House of Representatives is called the Lower 
House. Every State in the Union has its Legislature of 
two branches, called the Senate and the House. The word 
"legislature" means a law-making body. A State Legis- 
lature generally calls itself the "General Assembly." 
Every statute of Indiana starts with these words, "Be it 



9 

enacted by the General Assembly of the State of Indiana, ' ' 
etc. 

Indiana And The Nation. 

Our National Legislature, which makes laws concerning 
money, wars, the army, the navy, is called the Congress. 
It is also divided into an upper and a lower house called 
the Senate and the House of Representatives. 

Indiana has thirteen Representatives in Congress and 
two Senators; their pictures all appear in this book. 

Congress meets on the first Monday of each December 
at Washington City; so we call that city the capital of 
the United States. 

Do you know who is the present Representative from 
this district? If not, find out by tomorrow morning. The 
ninety-two counties of Indiana are grouped into thirteen 
Congressional districts, each including about seven or 
eight counties. Marion County, however, constitutes the 
entire Seventh district, by reason of its great population, 
197,000. The districts are named by numbers, as First dis- 
trict, Second district, etc. The geographical districts may 
be changed at any session of the Legislature and a County 
transferred from one district to another, just so that the 
population of each is approximately 196,000, and all the 
Counties of any district must join. In which district is 
your County? Our two United States Senators are Jas. A. 
Hemenway and Albert J. Beveridge. Both are lawyers 
and both were poor boys. You have probably heard them 
make speeches at some convention, or rally, or Old Set- 
tlers' meeting. If so, you should have paid close attention. 
Wise boys and girls never laugh, nor talk in a crowd when 
any man or woman is making a speech. Some boys and 
girls sixty years of age often forget this. If you are a 



10 

good student you listen quietly to his argument, whether 
the speaker's politics is the same as yours and your father's 
or different. Some say it is not polite to talk politics at 
school or in company. It isn't unless the conversation is 
carried on by polite persons. Then it may be proper; 
otherwise it isn't polite to argue anything. 

Your Own Locality. 

You have probably drawn the map of your county many 
times and divided it up into townships. It is possible to 
do so without doing very much thinking and with but lit- 
tle knowledge of the county, if you draw from another 
map. 

Can you call off the names of the different townships 
and point toward each one as you name it? This does not 
mean, can you point them out on the map, but can you 
point toward them across the fields from your desk? 

If you will now face the north with your county map in 
front of you and locate your own township and your 
schoolhouse, then the real township outdoors is situated 
with reference to your schoolhouse just as it appears to be 
on the map; and other townships are the same direction 
from yours that they appear to be on the map. 

If you face the south while studying either the geography 
of your county or the United States the real directions are 
just opposite of the directions on the page — for the top of 
the map is always north. 

By a few minutes' study you can commit to memory the 
names of the townships, their location, their towns and 
railroads. 

Do you know how far your township extends, what roads 
are along the boundaries, and what families live along 
these roads, or live just over in the edge of the other town- 
ship? 



11 

What are the leading cities and towns of your county? 
A single county very rarely has more than three cities, 
but each township is almost certain to have one or more 
towns. If you have not been in all these towns you have 
probably been in some of them, or you know people who 
live in them. These towns are just like the hundreds of 
towns you see marked on the maps of your geographies. 
The people talk just as you do and no better — the children 
study exactly the same school books that you study, and are 
just as bright, but no brighter. To the town or city boy 
who reads this we say that the farmer boy studies the same 
books, reads the same tales and the same Y. P. R. C. books ; 
so if you meet you can talk your school troubles over if you 
are in the same grade. 

The Indiana County. 

The State is divided into ninety-two counties. Each 
county was established by a special act of tke Legislature. 
Knox County was the first county organized and is there- 
fore the oldest in the State. Newton is the youngest, hav- 
ing been taken off an older County — Jasper — in 1859. 
The law designates by specific lines, marks, and streams 
just where the boundary lines of counties are; if a stream 
of water marks the boundary the middle of the stream is 
the boundary line. The low water line along the Ohio 
river is the County line, and the County government ex- 
tends no farther. The State government extends to the 
middle of the Ohio; a boat on the Ohio is under the au- 
thority of both Indiana and Kentucky. 

Allen County is the largest in area, containing 660 
square miles. Ohio County is the smallest in the State, 
and contains only 87 square miles, and 4,700 inhabitants. 
Marion County has the greatest population, 196,000 in 



12 

1900, now estimated at 248,000. LaPorte has the largest 
number of townships, twenty-one. 

County business proceeds with little formality. The 
Councilmen and Commissioners are usually plain men, 
who speak their minds without rising or addressing the 
Chairman. "When a petition is presented asking for a 
bridge at some particular ford, they want to know where 
it is, what sort of a road it is on, how much travel passes 
that way, what the structure will probably cost, and how 
many bridges that locality is asking for. Each member 
tells what he knows about it, and the bystanders are called 
upon for informal testimony. If a motion is put at all, it 
is likely to be as a matter of form, after an agreement has 
been reached. The county attorney usually attends the 
meetings of both of these bodies, and one of his functions 
is to see that the will of the majority is expressed in legal 
form. 

County Officials. 

The following is a table of the county officials and their 
salaries in the county of 21,000 population. The term of 
their office is also indicated : 

Auditor (4 years) $2,400 a year 

Clerk (4 years) 2,200 a year 

Sheriff (2 years) 2,200 a year 

Treasurer (2 years) 1,900 a year 

Recorder (4 years) 1,500 a year 

Commissioner (3 years) 400 a year 

County Assessor (4 years) 850 a year 

County Council (4 years) 15 a year 

Drainage Commissioner (2 years) 3 a day 

Superintendent 4 years — all counties 4.50 a day 

Truant Officer 1 year — all counties 2 a day 



13 

The name indicates the general nature of the duties 
of the office. Each will be discussed more fully in a sep- 
arate chapter. Each has a room or office in the court- 
house with name on the office door for the benefit of the 
public. 

The' Auditor and the County Commissioners have con- 
trol of most of the public business. 

The Clerk of the Court keeps the Court records. 

The Sheriff arrests criminals, summons juries and wit- 
nesses, and is the peace officer of the County, and keeps 
the jail. 

The Treasurer has charge of the County's tax money, 
which we pay to him. 

The Recorder keeps a record of the deeds of land and of 
mortgages. 

The County Superintendent issues teachers' license and 
visits the schools, and issues diplomas to common school 
graduates. 

The Truant Officer is required to see that all the children 
from seven to fourteen are in school all the time that school 
is in session. 

The Commissioners are the overseers and paymasters 
of the county. 

The County Council determine how much money they 
will let the Commissioners spend in a year, and levy the 
county taxes. 

The County Assessor reviews the reports of the Town- 
ship Assessors to see if they have overlooked anything or 
taxed any property too low or too high. 

The Township. 

When the United States Government purchased the 
Northwest Territory from the Indians, which it had also 



14 

already acquired from the older Eastern States, it sur- 
veyed the whole territory into blocks or squares, each be- 
ing six miles square and containing thirty-six square miles 
(See "How Lands Are Surveyed") and each square was 
called a "Congressional Township." This Congressional 
Township is therefore older than the State or any County 
in the State, but for the purpose of local government and 
for the convenience of the people the County Commission- 
ers are authorized to subdivide their county into any num- 
ber of townships, each with certain definite boundaries and 
each being known as a "civil Township" or "school Town- 
ship" and to give each township its name, as "Jackson 
Township" or "Brown Township." A civil township be- 
ing a creature of county government, may occupy an exact 
congressional township or may have irregular boundaries 
without any regard whatever for the congressional survey. 
Of the 1,016 townships in the State, Union Township, 
Montgomery County, is the largest in area, containing 144 
square miles, being much larger than all Ohio County; 
Albion Township, Noble County, is the smallest, contain- 
ing four square miles — the area of an ordinary school dis- 
ferict. Center Township, in Marion County, contains the 
largest population — about 220,000. 

Township Officers. 

Trustee, four years, $2 per day in townships of less than 
25,000 population. 

Advisory Board, four years, $5 a year. 

Assessor, four years, $2.50 a day, for seventy-five days, 
in townships of less than 5,000, up to $2,500 a year in town- 
ships of over 100,000. 

Road Supervisors, two years, $2 a day for sixty days each 
year. 

Justice of the Peace, four years, fees. 



15 

The Legislature At Work. 

Let us now watch the Legislature pass a law over at 
Indianapolis in the State House. See the picture of that 
building in your geography. 

The fifty Senators are in the Senate Chamber which 
looks like a beautiful schoolroom. Each desk cost over 
$100. The 100 Representatives are across the hallway in 
another beautiful room. In the Senate the Lieutenant- 
Governor, up in front, pi over the meeting like the 
chairman of a debating society, or a Sunday School Super- 
intendent or the chairman of a political convention. The 
Representatives elect one of their own members chairman, 
called the Speaker. The political party which has the 
majority always elects the Speaker and there is generally 
quite a lively contest for the place. The Lieutenant-Gov- 
ernor is the President of the State Senate. 

The opening day of each session is somewhat like the 
first day of the school term, only more formal. Before 
the members of the Legislature can be officially recognized 

-uch. they must each take the "oath of office" to sup- 
port the constitution of the State of Indiana and the 
constitution of the United States ; each house then pro- 
ceeds to "organize" by electing its officers. So soon as 
the organization is completed the whole Senate and the 
Lieutenant-Governor go into the hall of Representatives 
and take seats among the members of the House. Then 
the Lieutenant-Governor and the Speaker together appoint 
a committee of members to "wait upon the Governor and 
inform him the 'General Assembly' is now convened and 
desires to be addressed by him." 

The committee goes to the "Executive" office where the 
Governor is in waiting, and escorts him into the presence 
of the assembly. 

The Governor then proceeds to deliver a written ad- 



16 

dress or speech to that body indicating what legislation 
he favors, and the reasons for it, and what bills he 
would probably sign, and what he would oppose. This 
address is the "Governor's Message" (Sec. 94). He may 
also send to the assembly other messages later in the ses- 
sion, urging certain legislation, when in his judgment 
occasion requires. 

And now how are the laws made? 

Each house transacts the greater part of its business by 
means of committees. For instance there is in each house 
the "Committee on Education," to which is referred all 
bills and reports and inquiries pertaining to education. 
This committee, as well as all other committees, is ap- 
pointed by the presiding officer of the house to which the 
committee belongs. 

In the house the Speaker not only appoints, but also 
selects the membership of each committee. In the upper 
house, the Senators if they so desire, may choose the mem- 
bership of each committee by ballot and compel the Lieu- 
tenant-Governor to appoint these committees as recom- 
mended to him. However, if a majority of the Senators 
are of the same political party as the Lieutenant-Governor, 
he is usually permitted to select and appoint all com- 
mittees. 

The first man named by the presiding officer on the 
committee, usually consisting of about seven members, 
is its chairman. The chairman calls meetings of the com- 
mittee and presides at the meetings. The Speaker is care- 
ful that each chairman of a "House" committee is of 
the same political party as the Speaker, and that a ma- 
jority also of the committee is of the same persuasion 
as the Speaker. 

Any member of either house may, of his own accord 
and without the consent of any committee, introduce any 
bill that he wishes, proposing a new law or the repeal 



17 

of an old law or an amendment to any law. But it 
may, by motion of a member if the motion is carried, 
be referred to the proper committee, and may never be 
heard of again. 

Three readings of every bill, on three different days, 
are required before it is passed, unless, in case of emer- 
gency, that * formality is dispensed with by a yea and 
nay vote. After a bill is approved by the proper commit- 
tee of each house it is printed and a copy is placed on the 
desk of each member of the assembly. Every bill must 
also be read aloud by the Reading Clerk, and in full, at 
the time of its final passage. These requirements are made 
to prevent the passage of bills without their contents 
being fully known to the members and without due con- 
sideration. 

The course of a bill, from its introduction to its final 
approval by the Governor, is extremely perilous. It is 
first referred to the standing committee to which, from 
a reading of the title, it seems to belong. This com- 
mittee may report favorably or unfavorably, may recom- 
mend amendments and the passage after amendment or, 
the course most fatal of all to prospective laws, it may 
not report at all. If it gets out of one committee it is 
still likely to get into another, and it is subject to amend- 
ment at any time, and may be so changed that its author 
could not recognize it. Should it finally pass the third 
reading in the house where first introduced it is sent to 
the other house to be confronted by the same dangers. 

When a bill is passed by either house it must be signed 
by the presiding officer and sent on to the other house. 
If again passed it is signed by the presiding officer and 
passed on to the Governor. If the Governor approves it 
he signs it and it becomes a law, as we shall see presently. 
If he neglects the bill for three days it becomes a law, 
as tho he had signed it, If he is opposed to having the 



18 

bill become a law he may return it within three days to 
the house where it originated with his written objections 
and his "veto." But if a bare majority of each house 
again vote for it it becomes a law over his veto. This 
requires a vote of twenty-six in the Senate, and fifty-one 
in the House. "When a vote is to be cast the Clerk of 
the House voting stands up by the presiding officer and 
calls the roll of members. As each member's name is 
called he answers "yea" or "nay," which means for or 
against the bill, and the clerk marks how each man votes. 
If the yeas have a majority the bill must be sent to the 
other house to be voted on in the same way. 

If either house amends a bill which has been sent to 
it by the other, by changing just one word or the spelling 
of a word, and then passes it, the bill must be returned 
to the original house and again passed before it can be 
sent to the Governor. If the house which originated the 
bill refuse to concur in the amendment they may restore 
the bill to its original form and send it back or may drop 
it. For before a bill gets to the Governor's table it must 
have been adopted in all its parts by a majority of both 
houses. 

"When voting to elect a United States Senator, the whole 
Legislature meets in one room, and votes as one house. 
Each political party in the Legislature usually nominates 
a candidate for United States Senator and gives him the 
united party vote. 

The Legislature remains in session sixty-one days at $6 
a day for each member. Each member also receives 20 
cents for each mile necessarily traveled in going to and 
returning from the capital. This partially pays their ex- 
penses. We ought not expect too much from a $6 Legis- 
lature. When occasionally we have a first-class, sane and 
honest General Assembly, composed of men who are will- 
ing to sacrifice their time for the public good, we are very 
lucky indeed — for it's mere luck. 



19 

"When the session is over the laws are at once published 
and bound in a volume called "The Acts." From 100 
to 500 copies are sent to each County Clerk for dis- 
tribution. So soon as the Secretary of State receives a 
receipt for the books from all the County Clerks the Gov- 
ernor issues a proclamation declaring all the laws in effect. 
Some laws, with an emergency clause, go into effect as 
soon as signed by the Governor, and every Judge, Mayor, 
and Justice of the Peace must make his decisions accord- 
ing to them from that day forth. 

The Laws, Lawyers, and the Practice of Law. 

The Legislature, as we have told you, meets — well you 
remember when and where, don't you? They meet to 
make new laws. If a new law conflicts with an old one, 
the new one is the law. Some laws are repealed without 
making another to take its place. The great bulk of our 
laws remain the same year after year. Some laws are 
over fifty years old. All the laws of Indiana are bound 
in one large volume called the "Statutes of Indiana.' ' 
They fill about 2,000 pages and are equal to about thirty- 
five such books as a third reader. Whenever you see a 
"Statutes," notice the date on the back. It ought not to 
be more than twenty years old. Most of our present liquor 
law, "The Nicholson Law," was enacted in 1895. 

There is so much law, that altho it is made as simple 
as possible the ordinary citizen and business man can 
not study very much of it. They generally consult a 
lawyer, called also an attorney. It is the attorney's busi- 
ness to know the law, or to inform himself about it before 
he gives advice. The most honest of men disagree about 
their legal rights, and have to let their troubles be adjusted 
in Court according to law, Lawyers also disagree as to 



20 

the meaning of the laws, and disagree with the Judge and 
appeal the case to the Supreme Court for final settlement. 
The Supreme Court Judges write out their views on the 

se. These written decisions fill about 85,000 pages. 

Were you ever in a lawyer's office? Whose? In what 
town! Lawyers generally live at the county seat, but not 
always. You probably noticed the big book cases filled 
with leather bound books. Most lawyers have a set of the 
Indiana Reports, nearly 160 volumes. Three volumes are 
published each year now as the Judges of the Supreme 
Court continue to write opinions. This set of books costs 
about $-400. 

There is one other court to which a person may appeal 
if dissatisfied with the verdict of the County Circuit 
( Sourt. That is the Appellate Court, which, as its name 
indicates, can try only such cases as have already been 
tried elsewhere and sent to it on appeal. It is the same as 
the Supreme Court only in respect to the size of cases it 
may try. If the amount of money involved is below $3,500 
an appealed case is sent to the Appellate Court; if above 
$3,500, then to the Supreme Court. Or if one convicted of 
a misdemeanor appeals, his case is heard by the Appellate 
Court; if convicted of a felony he appeals to the Supreme 
Court. The written decisions of the Appellate Court now 
fill about thirty volumes of reports. 

"When the lawyers on different sides of a case disagreee 
on the meaning of a certain law they search through these 
reports to see if a similar case has ever been decided by the 
Supreme or Appellate Court. If they find several de- 
cisions upon similar but not quite the same points they 
try to prove their own case by those in their favor. 

There are five judges in the Supreme Court, and five 
in the Appellate Court. It is not always that the five 
Judges in the court all reach the same conclusion on a 
point of law or the rights of an individual ; but the verdict 




J. FRANK HANLY, 
Governor of Indiana. 




MISS MARY A. STUBBS, 
State Statistician. 



Miss Stubbs is the only woman who has ever held an elective 
state office in Indiana. Her father, Mr. Joseph H. Stubbs, was 
elected to this office in 1904, and again in 1906. He died early 
in his second term. Miss Mary had been his deputy, and Governor 
Hanly appointed her to fill out the unexpired term. 




CHARLES W. FAIRBANKS, 

of Indiana. 

Vice President 1905-1909. 




BENJAMIN HARRISON, 

Of Indiana. 
Twenty-third President 
of the United States. 




ALBERT J. BEVERIDGE, 
United States Senator From Indiana. 




JAMES A. HEMENWAY, 
United States Senator from Indiana. 



27 

of any three stands as the "Decision of the Court." The 
different opinion of the other two is sometimes written out 
at great length as the "Dissenting Opinion" and filed for 
future reference. 

There is not a line of law by which a railway company 
is liable for damages for injuries or destruction of life by 
the carelessness of its employes. Yet Circuit Courts often 
award heavy damages. The decisions of the higher courts 
constitute the only law on such matters, except that statute 
prohibits courts and juries from awarding more than 
$5,000 damages for a death. 

In an argument in the Circuit Court the lawyers on the 
different sides take turns reading these decisions to the 
Judge. Sometimes the Judge has to sit and listen for a 
whole day, sometimes even a whole week to this reading, 
altho his salary is only $3,500 a year. 

Some law libraries cost $4,000, but one can get a very 
good library for $600. Of course, one man can never read 
all his books, and sometimes a law book remains on the 
shelf, gathering dust, for twenty years without ever being 
opened. One book, however, may be worth hundreds of 
dollars for just one case, and then never be needed again. 
When your attorney represents you in court you are called 
his client; you are responsible for what he does. He is 
also responsible to you. 

It is a fine thing to know some law; but it is a much 
finer thing to know some of the general principles of law. 
You will probably find something on that subject in your 
Civil Government. Be sure to attend court the next chance 
you have. Just to saunter into the court room and take a 
back seat won't do you any good. Select a day when a 
certain trial will occur. Learn something about the case 
before the day for trial, go early, stay till it is thru. It 
will be worth your while. 



28 
Township Assessor and Taxation. 

Before going into the details of the conduct of our pub- 
lic offices we will first see how the money is obtained from 
the people for the purposes of carrying on our public busi- 
ness, for no Government can be carried on without money, 
and a Government can get no money except from its peo- 
ple, in the form of taxes. 

Every honest man pays taxes in proportion to the value 
of his property. Each year the Township Assessor goes 
to every man and takes down in writing a list of the articles 
of property he owns, live stock, wagons, books, machinery, 
money, notes, mortgages, etc., and estimates their value. 
The citizen who gives the Assessor a list of his property 
must swear that it is a true statement of all he has so help 
him God, altho some dishonest men keep back more than 
half their property. Thus they swear a lie. What is it 
to swear a lie? It is perjury. If they are caught at this 
dishonesty they must pay all the back tax for this prop- 
erty, and pay a fine of not less than $50 nor more than 
$5,000 into the county treasury. 

Property is hardly ever assessed at more than two-thirds 
of its actual value unless the property is actual money. 
Tho you can pay your taxes all in one sum it is divided up 
into several different funds, such as the school fund, town- 
ship fund, State tax, road fund, etc. The County Treas- 
urer distributes your money out into its separate funds. 
All the different funds together call for a tax rate of 
about 2 per cent., or $2 on each $100. Thus if your prop- 
erty it worth $1,500 you are assessed at $1,000 and your 
tax is $20 a year. You can pay half of it before the first 
Monday in May, and the other half before the first Mon- 
day in November. If you don't pay the first half when 
due, the whole amount of both instalments is at once 
marked due and 10 per cent, is added to the whole amount. 



29 

If not paid in November it is marked delinquent and your 
land is advertised in two of the county newspapers as 
being for sale for taxes and a similar notice is posted in 
the Court House, the sale to begin on the «eeond Monday 
in February. 

The usual proceeding is that a part of it is sold to the 
man who offers to pay the taxes for the smallest part of 
the land. If you let some other man bid it off he pays 
the taxes, the County Surveyor measures off the portion 
thus sold, and the Auditor gives him a deed for the part 
which he bids off. 

You can, however, redeem it at any time within two 
years by paying the back taxes and all the costs of the 
advertising and selling. You must also pay to the pur- 
chaser 10 per cent, additional if redeemed within six 
months, 15 per cent, if redeemed after six months and in 
less than one year, and 25 per cent, if redeemed after the 
lapse of one year. So it pays to be punctual. If you cul- 
tivate the habit of never allowing yourself to be tardy at 
school nor at any place of business you will never let your 
land be sold for delinquent taxes. 

Yet, I knew a boy once who was at school every day very 
early, and yet was nearly always tardy — with his lessons. 

Each man under 50 years of age pays a poll tax of $2 
to $2.50. 

Each owner of a dog must pay a tax of $1 on him, 
whether the dog is worth three cents or not; and a tax of 
$2 for each additional dog he owns. The tax on a good 
horse is only about a dollar. The dog tax goes into a fund 
to pay the stock-owners for stock killed by dogs. The 
fund always a little more than pays for the sheep, other 
stock, or poultry killed in the State by dogs, and helps 
out the school fund besides. So dogs are of some use after 
all — to the public. 

If there is any money left in the dpg tax fund of a 



30 

township after paying for the sheep and other stock killed 
by the dogs, the surplus is turned into the tuition fund for 
the county. Money paid in the way of fines and forfeited 
bonds goes into the permanent State school fund to be 
loaned for the interest. 

Some one get an inventory sheet from the Township 
Assessor, bring it to school and assess some one, but don't 
make the assessment too high. 

The County Treasurer. 

The County Treasurer has a great deal to do with all 
this tax business we have been talking about. But he does 
not fix the rates of taxation. If your taxes are too low, 
therefore, do not criticise the Treasurer, but the Commis- 
sioners, or the Assessor, or the Trustee. Better still, don't 
criticise any one till sure you'r right, then go ahead, as Davy 
Crockett used to say. When you pay him your taxes, be 
sure to get your tax receipt — a slip of paper signed by 
the treasurer showing just what you have paid. Do this 
before leaving the office. The Treasurer and his clerks 
stand behind the counters just like cashiers in a bank. 

As the end of the tax-paying time draws near, the office 
is crowded every day by persons who must wait their 
turn, and are impatient for fear they will become delin- 
quent. 

Have you thought of anything else to be said about the 
Treasurer ? Well, he must give a very large bond before 
he can take charge of his office. A large number of citi- 
zens who own real estate, must sign an agreement to pay 
the county all the tax money if the Treasurer runs off 
with it, which he sometimes does. His bond is from $100,- 
000 to $1,000,000. Always vote for an honest man for 
Treasurer. 

In addition to the salary, the Treasurer also gets a cer- 



31 

tain per cent, of the delinquent taxes he collects. He must 
require non-residents to pay a license tax on any stock of 
goods which they bring in to sell; as sometimes a mer- 
chant sends a stock of cloaks or clothing or books into an- 
other county for a short time to sell cheap. Did you ever 
hear of this being done? When and where? The next 
time you go to the county seat, step into the Treasurer's 
office and see how the Treasurer looks and acts. Probably 
you know him. If so describe him. 

The County Commissioners and County Council. 

What is done with all this tax money? Just a little of 
it is spent to pay the officials for collecting it. Then who 
gets to spend the rest of it and what is done with it? 

The law regulates part of it, and the County Commis- 
sioners dispose of the rest of the county funds ; the Town- 
ship Trustee and the Advisory Board of the township 
funds, and the Legislature of the State funds. 

The County Council, of seven men, is a new part of 
eounty Government that began in Indiana in November, 
1900. The first Council was elected for two years; in 
1902 they were elected for four years and that will be the 
length of their term until the law is changed. All they 
have to do is to regulate the amount of money the Com- 
missioners may spend out of a certain fund. They can 
not control the Commissioners as to their manner of using 
this money. When the Council sets aside, say $500 for re- 
pairing a bridge, the act is called "making an appropria- 
tion. ,, 

Where a number of citizens desire that a bridge should 
be built by the county they sign a petition, asking the 
County Commissioners to build it with the public money 
appropriated for that purpose. The three Commissioners 
meet on the first Monday of each month in the office of 



32 

the County Auditor. The different petitions which have 
been left on file with the Auditor since their last meeting 
are taken up one by one and considered. 

The Board of Commissioners constitute a court of three 
to consider these petitions and all claims against the county 
for services performed or goods furnished. Each monthly 
meeting is called a "term of the Commissioners ' Court.' ' 

When a petition is presented the two leading questions 
to settle are: First — Is this improvement needed by the 
general public? Second — Is there any money that can be 
used to pay for it? 

If a bridge is wanted across some stream and the Com- 
missioners desire to build it, the law requires them first 
to send a surveyor or some competent person to the place 
to see, by careful measurement, just how long and high 
the grade should be, what kind of a bank is required and 
what it would probably cost. Then, if they decide it would 
be worth its cost to the county, they employ an architect 
to make out in writings and drawings, what is called the 
"plans and specifications," a written description of the 
bridge, grades, etc. This description must be placed on 
file in the Auditor's office. Then they advertise in the 
papers that on a certain day they will receive sealed bids 
for the work called for, and the man who gives a bond to 
build such a bridge for the least money, gets the contract. 
If he doesn't do his work according to contract, he gets 
no pay, unless the Commissioners simply give it to him. If 
two of them vote for a measure it is sufficient to carry it. 

Whenever any person does any work for the county by 
contract, he presents his bill to the Commissioners for his 
pay. If they allow his claim, the Auditor writes him an 
"order" or warrant, which he takes to the Treasurer and 
gets his money. All the county officers must present to 
this board a bill for their salaries, which are payabii 
usually each three months. 



33 

The County Council has more to say about what the 
Commissioners can do than about what they must do with 
the public money. The Council meets in September of each 
year, and fixes the rate of county taxes, and as we said a 
few pages ago, the Council "appropriates" just so much 
money for certain purposes. 

If any contractor builds a bridge for the county, after 
the bridge money is all used up, he can not sue the county 
for his pay, even tho the Commissioners had hired him to 
build it, by a written contract. Neither can the Commis- 
sioners run the county in debt without the consent of the 
County Council. So, before you loan the county any 
money or build a bridge, make it your business to see that 
enough money has been appropriated to build the bridge 
and for that purpose, or that the Council has authorized 
the Commissioners to borrow your money. 

A County borrows money by selling interest-bearing 
bonds. No county is out of debt so long as any of its 
bonds are unredeemed. Almost every county in this State, 
and in every State, is in debt to citizens and banks who 
hold county bonds. 

Before the September meeting of the Council, the Com- 
missioners are supposed to make out a careful estimate 
of what public conveniences are needed, what they will 
probably cost, and ask the County Council to appropriate 
sufficient money to pay for them. The Council is also 
asked to make a sufficient tax levy to raise enough money 
to satisfy the appropriation. The council can not appro- 
priate money out of the road fund into the school fund, 
nor from any fund into another. 

Do you know who your County Commissioners are ? Or 
any members of the County Council? You might elect a 
Board of Commissioners of some of your classmates, who 
would transact some public business — grant liquor license, 



34 

or a petition to build a bridge, or give consent to put tele- 
phone poles along the public highway. 

The law allows the Commissioners to employ a County 
Attorney to advise them as to the law on doubtful questions. 

The Auditor keeps a detailed record of all the proceed- 
ings of the Commissioners' Court. By going to his office 
you can find a record of their doings clear back to the 
eariy history of your county. 

Some more of the Commissioners' jurisdiction as a court 
is the granting or denying of liquor license. When any 
citizen desires a liquor license he obtains it from the 
County Commissioners in the following manner: He pub- 
lishes a notice for three weeks in some weekly newspaper 
published in the county, that at a certain monthly term of 
the Commissioners' Court he will apply for license to sell 
liquor in a certain described building in some certain town 
or city (naming it). Then he must prove to the Com- 
missioners that he is of good moral character, and must give 
a $2,000 bond to pay all fines for any violation of the 
liquor laws, and to pay damages for any injuries that re- 
sult from improper management of his business. The Com- 
missioners must see that these requirements have been com- 
plied with before they issue the applicant a license — a sheet 
of paper a foot square authorizing him to sell liquors and 
permit them to be drunk on his premises. Then the appli- 
cant pays the Treasurer $100 and the Auditor issues him 
his license, good for just one year. 

In some towns and in nearly all cities a saloon keeper 
is also required to take out a town or city license, but the 
Commissioners have nothing to do with this part of it. The 
$100 paid to the Treasurer goes into the county tuition 
fund to be distributed out among the different townships 
and city schools. 

The government also gets a license fee of $25. The 
town license fee and city license fee go into the general 



35 

treasury of the town or city to be used for whatever wanted. 
Cities may charge as high as $250 a year; incorporated 
towns $150. Both usually charge the full limit.' 

A city of 4,000 people is likely to have fifteen saloon, 
paying $250 each, or $3,750. A tax of 93 cents on each 
person would raise this same sum without any saloons at 
all. Some would rather pay the 93 cents or even 95 cents 
and do without the saloons. Others think we could scarce- 
ly get along without them. 

If a majority of the citizens of any township or city ward 
object to a saloon being conducted in their community, they 
can remonstrate in writing and prevent it. Or any legal 
voter can remonstrate alone and defeat the application by 
showing that the applicant is unfit to be entrusted with the 
sale of intoxicating liquor. 

When they see in the paper that notice we spoke of a 
while ago announcing that some one is making application 
for a license they may sign a written remonstrance or ob- 
jection and send it to the County Auditor three days be- 
fore the first Monday of the month in which the applica- 
tion is to be heard. Then the Commissioners can not grant 
the license. 

The citizens of a city ward may remonstrate in the same 
manner. 

Did you ever see in any county paper a "Notice of Ap- 
plication ? ' ' It must be in a paper published in that coun- 
ty; in a weekly paper, except in cities of over 10,000, 
where they may give notice in a daily paper. So you see 
the importance of reading your county papers. "Whenever 
a petition like the following is signed by a majority of the 
legal voters of any township or any city ward, and is filed 
with the County Auditor, then the Commissioners can not 
issue a liquor license to any person in that township or city 
ward within the next two years afterward : 



36 

State of Indiana, Marion County : 

To the Honorable Board of Commissioners of Said County : 

We, the undersigned legal voters of Center township, 
in Marion County (or ward fifteen in the City of Indian- 
apolis) hereby represent that we are opposed to the traffic 
in intoxicating liquors, and hereby remonstrate against 
the granting of any license to any person to sell such 
liquors in said township (or ward). 

This law was passed in 1905. 

County Recorder. 

When you buy a knife or a bicycle or a school book, you 
simply pay the money, take the goods, and the trade is all 
over. Unless you bought those necessary articles on credit, 
there is no detailed record of the transaction. In the 
latter case the merchant charges the account on his books 
or takes your note. But if you buy a piece of land you will 
want the owner to give you a written deed for it and guar- 
antee that he and none other has a right to sell it to you. 
He must sign this deed in the presence of a Notary Pub- 
lic, or a Justice of the Peace or a City Mayor. Then you 
take the deed to the office of the County Recorder in the 
Court House and have him record it. That is, he copies 
it down in a big book kept there for that purpose. In each 
County Recorder's office in this State you could find a big 
stack of such books, written full of the copies of deeds. 
He charges you $1 for copying it. You also pay the Audi- 
tor 10 cents for making a notice of the "transfer of own- 
ership" on his tax books. 

You notice in the county papers each week "Real Estate 
Transfers." This means sales of land. Land and what- 
ever is growing or built upon it, is real estate. All other 
property is "personal property." If you don't pay in full 
for the land at the time you buy it, you give the seller 



37 

a mortgage on it, and it is his business to get that mortgage 
recorded, which will cost him $1. 

Does it seem to you that all this copying by a county 
official is a case of "much ado about nothing ?" By no 
means. If the mortgage and the deed get lost or destroy- 
ed, the public records in the Court House will show who 
owns each tract of land in the county. Never buy a farm 
or a lot without first going to the Recorder's office to see if 
there is any mortgage on the real estate or whether you are 
paying the right person for it. Better require the seller 
to furnish you an "abstract," which is a copy or memo- 
randum of all the deeds and all the mortgages ever made 
for that land from the time the United States Govern- 
ment sold it to its first white owner and old settler. 

Mortgages of chattels and real estate, mechanics' liens, 
leases, articles of incorporation, the names of trustees of 
churches and lodges, plats of cities and towns and additions 
thereto, and a number of other matters, are recorded in 
the proper books and carefully indexed for convenient ref- 
erence. 

The Hecorder takes no part in managing the affairs of 
his couisty. He handles no funds, except the fees, and the 
fees belong to the county. He just copies down deeds and 
mortgages which people bring in. His salary is fixed by 
law according to the population of the county. Where 
the population is about 21,000, he gets about $1,500 a year. 
Who is your County Recorder? Who has sold any land 
near your home lately? Describe the necessary transac- 
tions in making the sale. 

County Auditor. 

As you have already noticed, the Auditor's duties are 
very largely connected with those of Recorder, Treasurer, 
Sheriff and Commissioners. He has, however, some special 
duties and powers of his own. For instance, if any Town- 



38 

ship Trustee or Assessor dies or resigns or goes insane, 
when the Commissioners are not in session, the Auditor 
at once appoints another man to fill the vacancy. 

If the Commissioners are in session when the vacancy 
occurs, they make the appointment. 

He has charge of the permanent school fund of the 
county, and persons who desire to borrow from it must 
deal altogether with the Auditor. When any one owes the 
county for borrowed school fund or interest on the school 
fund, he must pay the money to the Treasurer and bring 
the Treasurer's receipt to the Auditor, who then gives him 
a "quietus," which is the receipt that counts, for the re- 
ceipt is worthless without the quietus. When the county 
owes any citizen, the creditor must have his claim allowed 
by the Board of Commissioners, and the Auditor then is- 
sues him a warrant for the amount on the Treasurer, who 
will pay him his money. 

The Auditor gives notice of the holding of all elections to 
aid railroads, and publishes a list of the properties on 
which the taxes are delinquent (unpaid). He receives the 
report of Township Assessor and Trustee and of the County 
Treasurer. But the largest and most important work of 
the Auditor is keeping account of all funds which are re- 
ceived and paid out by the Treasurer, and keeping the rec- 
ords of the transactions of the County Commissioners, and 
the making of the tax duplicate. In a county where the 
population is about 21,000 his salary is $2,400. Who is 
your present County Auditor? Ask your father. 

County Clerk of the Circuit Court. 

The Clerk's chief duties are discussed under the topic 
of "Courts and Proceedings." In fact he is the Clerk 
of the Court. He issues all marriage licenses, appoints all 
administrators of estates, when court is not in session, ap- 
points appraisers for estates, records all wills, appoints 



39 

guardians for minor children, subject to approval of the 
judge. Quakers or " Friends' ' are not required to have a 
marriage license. 

He also preserves the records of all court proceedings and 
all election returns. It takes two persons to conduct the 
office in a county of 20,000 population; and five to ten in 
the more populous counties, as Marion, Allen, Madison 
or Vigo. The average salary is about $2,200, when the 
population is 21,000. 

Sheriff. 

The Sheriff is the executive officer of the county. He 
is the man who must arrest burglars, horse thieves, mur- 
derers and all other criminals. His duties are also des- 
cribed in the chapter on " Courts.' ' He attends all ses- 
sions of the Circuit and Commissioners' Court. He sum- 
mons jurymen, posts notices of elections, puts down public 
riots and is the general peace officer of the county. He 
resides at the county jail. If he permits a mob to lynch a 
prisoner his office becomes vacant, unless he can show the 
governor that he did his whole duty to protect the prisoner 
from the mob. As he has a right to confine the prisoner 
in any jail in the State out of the reach of the mob he is 
almost inexcusable for ever allowing a prisoner to be 
lynched. Mobs generally freeze out in three or four days, 
even in the summer time. Who is your present sheriff? 
Do you think he would break up a mob? 

County Superintendent. 

The highest educational officer in each county is called 
the County Superintendent of Public Instruction. No one 
can teach in any school of the county unless the County 
Superintendent grants to him a teacher's license. The ex- 
ceptions to this rule are graduates of the State Normal 



40 

School, who hold a State license for life, and those who. 
hold a license issued by the State Superintendent. 

He exercises a general superintendence over the schools 
of the county, holds the county institute, visits each town- 
ship institute, conducts the examination for teachers' 
license and for graduation in the common branches, grades 
the manuscripts, issues licenses or diplomas, visits the 
schools while in session, and is a sort of general adviser of 
the teachers and school officers of the county. 

In case of disagreement between a Township Trustee 
and the citizens of his township regarding the best location 
for a new school house, the law makes the county superin- 
tendent the sole judge, and his decision is final. 

The Superintendent is elected for a term of four years 
by the township trustees of the county on the first Monday 
of June. This began in 1899. Before that time they were 
elected in the same way, at the same time, but for only 
two years. 

No one is eligible to be elected Superintendent who does 
not hold at the time of his election a three years' State 
license, or a sixty month license, or a professional license, 
or a life license. This law was passed in* 1905. 

The law says the County Superintendent " shall receive 
no perquisites whatever.' ' This means that he shall not 
charge any extras outside of his salary. He must not 
charge a teacher for a license or a pupil for a diploma. 
No self-respecting person will offer a Superintendent any 
"perquisites." 

The law requires that every County Superintendent shall 
hold a "County Teachers' Institute" for one week each 
year. For this purpose the county must donate $100 ; and 
each of the teachers must pay an institute fee. In some 
counties this fee is 75 cents, in others it is $1.50 or even 
$2.50. Thus a fund is created with which the Superintend- 
ent employs lecturers and instructors for the institute. 



41 

The great work for the Superintendent is to keep bad 
people from teaching, and the schools supplied with good 
teachers. 

A right industrious County Superintendent is worth 
$15,000 a year to the county. One who does not visit 
schools, nor grade manuscripts, nor attend to any other of 
his duties isn't worth very much. But their salaries are 
all the same, $4.50 a day. This makes about $1,400 a year. 
The county furnishes the necessary postage and an office 
room, but all other expenses of the office are paid by the 
Superintendent. 

Truant Officer. 

Since 1897 Indiana has had a cumpulsory education law. 
We now have in each county an official to see that this 
law is enforced. He is called the County Truant Officer. 
It is his duty to prosecute parents who refuse to let their 
children go to school. A parent or guardian must keep 
his children, between 7 and 14 years of age, in school all 
the time school is in session in his district or city. The 
Truant Officer is elected on the first Monday each May 
by the Township Trustees and Presidents of City School 
Boards. His salary is $2 a day. 

Perhaps you have never seen a Truant Officer nor heard 
of his looking after truant children. It is perhaps in some 
other township than your own that he has been busy. He 
has been at work somewhere for he never loses a day and 
draws pay for about 140 days' service each year. By to- 
morrow morning see if you can learn the name of the 
present Truant Officer and his postoffice address. If you 
know of any children who are growing up in ignorance 
write him a letter telling him about it — no difference what 
grade you are in at school. What a bad thing it is for any 
young person to grow up in ignorance — but the law blames 



42 

the parent, instead of the child, and that is right, isn't it? 
The boy or girl who loafs around instead of going to 
school doesn't realize what an education is till it is too late. 
It is the Truant Officer's duty to prosecute the parent 
after you write him that such parent is violating the law. 
Many men have been fined, and some sent to jail for keep- 
ing their children out of school. Some people say it isn't 
anybody's business if a father keeps his children out of 
school. Among hogs and cattle it doesn't make much dif- 
ference to one of the drove what another one does, but 
among men and women it is everybody's business what 
every one else does. So write your letter even if some one 
says "mind your own business." If you don't tell any- 
body that you are going to do so, nobody will know it. 
Always help carry out all the laws of your State and coun- 
try. That is better patriotism than to wave the flag of 
your country and disregard the laws. Write your letter 
about as Wiggly Willie wrote one time, unless you can 
compose a better one. 
Dear Mr. Truant Officer: — 

Come over to our school, No. 15 Jackson Township, as 
soon as you can, for you are needed, Johnnie Sauerkraut, 
of our district, has not been at school here nor at any other 
school for nearly three weeks. He is thirteen years old and 
so big that you mustn't tell him that I wrote you this 
letter. He has been out of school so much every term that 
he is only in the third reader and cannot recite the 8's in 
the multiplication table. He is not sick for he goes hunt- 
ing every day. His parents are living but don't seem to 
care whether school keeps or not. They are very ignorant, 
and proud of it. 0, it's awful. 

Please come over and get after these people with some 
Indiana law. Make Mr. Sauerkraut send Johnnie to school 
or pay a fine or go to jail. 

Tours very truly, Wiggly Willie. 



3 O 

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WILLIAM E. COX (D.) 
Congressman Third District. 



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47 

The wild, savage races of the Pacific Islands have no 
schools, but their country is controlled by other govern- 
ments that do have schools. If a citizen is too sick or too 
lazy to get clothes and books for his children will it cost 
any more for them to go to school and warm by the fire 
than to shiver at home, or hunt rabbits, or loaf on store 
boxes ? Is the Truant Officer a good institution ? 

Coroner. 

The people usually elect a physician to the office of 
coroner. His chief duty is to hold "inquests" over the 
bodies of persons who have met death by violence or from 
any unknown cause, and to determine what was probably 
the direct and indirect cause of death. The inquest is 
somewhat like a trial in a Justice's Court. The Coroner 
may summon witnesses and have them testify. He gen- 
erally asks a clerk to take down their testimony in writing 
and has the witness sworn to the written statement. If the 
Coroner finds that any person has criminally caused the 
death, he issues a warrant for such person's arrest, and 
causes him to be sent to jail to await the action of the 
grand jury. 

Witnesses in a Coroner's inquest receive 75 cents a day 
and 5 cents per mile necessarily traveled — paid by the 
county. The Coroner may deputize any justice in the 
county to hold an inquest for him. 

If the Sheriff of the county dies or resigns the Coro- 
ner becomes Sheriff for the remainder of the Sheriff's 
term. The Coroner is the official who must serve the writ 
when the Sheriff is to be arrested. 

County Surveyor. 

The County Surveyor is elected for a term of two years. 
His compensation consists wholly in fees. But land- 



48 

owners can employ other surveyors at the same fees. A 
survey made by the County Surveyor is "official" and 
landowners must accept as "legal" any survey made by 
him. The County Commissioners usually employ the 
County Surveyor to do the surveying for the county. He 
locates boundary lines between farms, runs the line of 
public ditches and highways. 

He has the power to take acknowledgments of deeds and 
mortgages, to adminster oaths in proper cases, and is ex- 
officio a drainage commissioner. 

Drainage Commissioners. 

Drainage Commissioners are county officers whose duties 
relate to the construction and repair of public ditches and 
drains. In addition to the Surveyor there is one such offi- 
cer appointed by the Board of County Commissioners, who 
holds office for two years unless sooner removed. These 
two commissioners are required to inspect the lands likely 
to be affected by the proposed drain, and report to the 
court regarding its utility and practicability, and if they 
recommend its construction, to prepare a list of all lands 
affected thereby and assess the benefits and damages to 
each tract. Proceedings to establish a public drain are 
commenced by filing a petition in the Circuit or Superior 
Court or before the County Commissioners, and in either 
case the work may be defeated at the petitioner's cost un- 
less it appear that the proceeding is regular, the plan such 
as to secure the best results, and the benefits to be secured 
greater than the cost. 

County Assessor. 

A County Assessor is elected for a four year's term, with 
full power to examine into the ownership of property and 
place upon the tax lists, for taxation in the name of the 



49 

owner, all property which may have been ommitted by the 
Township Assessors. The salary is $850 in a county with 
a population of 21,000. Usually he earns many times this 
amount for the county. He is also allowed $2 a day for 
a deputy for sixty days. 

No one is eligible to this office unless he shall have been 
a resident freeholder in the county two years before election. 

The County Board of Review is composed of the County 
Assessor, who is its President; the Auditor, who acts as 
Secretary; the Treasurer, and two freeholders appointed 
by the Judge of the Circuit Court. The board meets an- 
nually on the first Monday in June and continues till its 
work is completed. It hears all complaints as to the as- 
sessments, adds omitted property, corrects errors, and 
raises or lowers any assessment which it considers neces- 
sary, for the purpose of equalizing assessments thruout 
the county. For this purpose, it may call and examine 
witnesses upon oath. 

The Grand Jury. 

You have no doubt often heard people say that some- 
body's meanness ought to be reported to the Grand Jury. 
Probably you or some of your neighbors have been sum- 
moned to appear before the Grand Jury to tell what you 
know of violations of the law down in your neighborhood. 
The Grand Jury is always composed of six men of the 
county. They meet in a room in the court house, lock the 
doors, and admit one person at a time, and force him to 
answer, if he can, whatever questions they or the prose- 
cutor asks him about the violations of the law. 

Before they begin their work they must come into the 
court room where the Judge instructs them how to pro- 
ceed. 

He orders them to investigate fearlessly and impartially. 
and to indict each and every man who seems to be guilty 



50 

of any crime or misdemeanor. They then must take oath 
that they will do so. Then they and the Prosecutor give 
to the Sheriff the name of every person they want, who 
they think can disclose any crime and the Sheriff summons 
the parties to appear before the Grand Jury. Very often 
the person summoned doesn't know what is wanted of him, 
but must £o or he is liable to be arrested and fined for 
contempt of court. People who want crime prosecuted 
often write letters to the Prosecutor, telling who would 
probably be good witnesses. And these witnesses are sum- 
moned. No one ever knows exactly what is done by a 
Grand Jury or how it is done. The door is always guarded 
by a bailiff. When he sends a witness into the room one 
of the grand jurymen, called the " foreman,' ' has him take 
an oath to answer truly all interrogatories and not divulge 
anything which transpires. If he comes out and tells what 
was said he is liable to a heavy fine for contempt of court. 
If a witness testifies that he saw Henry Dale steal some- 
thing, or try to steal it, or burn a house, or beat a 
horse cruelly, or disturb a civil meeting, the Grand Jury 
indicts him. That is, they write out a "true bill," as it 
is called, charging him with the offense, and hand this 
bill to the Clerk. At least five of the Grand Jury must 
concur in an indictment before it can be returned, and the 
"bill" must be signed by the foreman. The Clerk then 
writes out a warrant for his arrest and hands it to the 
Sheriff, who arrests him. Henry Dale must then either gv 
to jail or give bond. That is, must give security that he 
will either remain and stand trial or pay a certain sum of 
money. Sometimes the Sheriff doesn't arrest him, because 
Henry Dale is not to be found, but has gone West for his 
health when the Grand Jury meets. 

If yon want to prosecute a criminal and the Grand Jury 
is not is session, yon can do so by affidavit and informa- 
tion by the help of the Prosecuting Attorney. Who is 
he? How is the Grand Jury chosen? 



51 

How Juries Are Chosen. 

Each year the Judge appoints two freeholders, well 
known to be of opposite politics, as Jury Commissioners 
to serve during the following calendar year. Such Jury 
Commissioners, after taking an oath to select only such 
men for jurymen as they believe to be of good repute for 
honesty and intelligence, and not to select any one who has 
asked to be selected, proceed to take from the names of the 
tax duplicate twice as many Jurymen as are required for 
both Grand and Petit Jury for all the terms of court to be 
held in the county within the year. They shall write each 
man's name on a separate slip of paper and place the slips 
in a box and deliver the box locked to the Clerk of the 
Court. The Commissioner whose politics is opposite that of 
the Clerk shall keep the key. 

The Jury Commissioners must also be careful to select 
men who are voters in the county and who are either free- 
holders (land owners) or householders (married men.) 

Within a week before the commencement of a term of 
Court the Clerk has the Commissioner with the key to 
shake the box well and open it. The Clerk then draws 
out six slips of paper, one at a time. The names on the 
slips are names of the six men who are to be the Grand 
Jurors. Then he draws twelve more for the twelve mem- 
bers of the Petit or Trial Jury. 

The Sheriff summons these Jurymen to come to court 
whenever the Judge so orders. 

Jurymen receive $2 a day and 5 cents for each mile 
necessarily traveled, to be paid out of the county treasury. 

If a citizen applies to be a member of the Jury or re- 
quests any one to procure him a place on either Grand or 
Petit Jury he is liable to a fine for contempt of court. 



52 

Courts And Court Proceedings — Civil Cases. 
Circuit Court. 

What are courts for anyway ? They furnish the way for 
you to obtain these rights which the law says you are en- 
titled to. All the laws in the world could do you no good 
if there were not courts to start them in motion for you 
and other persons. 

If a man has borrowed money of you and won't pay it 
back, or has bought something of you and now won't pay 
you for it, how are you going to get your money? You 
answer that you will sue him. So you will sue him, will 
you ? If you go and show him the law that says he has to 
pay it, that still doesn't get you the money. Well, then, 
let 's sue him and get it by law. You must do it all in writ- 
ing. You first get your attorney (or you may be your 
own attorney) to write your complaint, as it is called. The 
complaint must say that Mr. A. owes you a certain amount 
of money, which is now due and unpaid. If he gave you 
his note, say so, and copy the words and figures of the note 
into your complaint, and in it also ask the court to award 
you a certain amount of costs. Your complaint might read : 

State of Indiana, In the Circuit Court. 

County. Term, 1903. 

John Doe vs. Richard Roe. 

The plaintiff complains of the defendent and says, that 
the defendant on the 30th day of March, 1902, bought of 
the plaintiff a horse for which defendant agreed to pay 
$150 and gave his promissory note therefor due one day 
after date. That said note is due and unpaid, and a copy 
of note marked exhibit "A" is made a part of this com- 
plaint. Wherefore plaintiff demands judgment for $200 
and costs and all other proper relief. 

Plaintiff. 



53 

Before you read any further guess how you are ever go- 
ing to get this to the attention of the court (the Judge). 
Court is in session only certain months each year in most 
counties. 

The law requires the Clerk to keep his office open all 
day every working day in the year. You take your writ- 
ten complaint to the Clerk and hand it to him, saying, "I 
wish to file this complaint.' ' It is almost like mailing a 
letter. Don't try to tell the Clerk what is in the complaint, 
for he doesn't care. You are not the first person who has 
ever filed a complaint. He cares no more about it than 
the postmaster cares what is in a letter you are mailing. 
But you haven't got your money yet. However, you go 
home and let the matter rest for a while. You have written 
on the back of complaint the day defendant is to appear 
in court. He is called the defendant, and you are the 
plaintiff, because your are complaining and he must defend. 

In due time the Clerk writes out a slip called a "sum- 
mons ' ' and hands to the Sheriff. It reads, ' ' To the Sheriff 
of County : You are hereby commanded to sum- 
mons Richard Roe (or whoever it is that owes you) to 

appear in the Circuit Court on the day 

(whatever day you have named, just so you have given him 
ten days' notice) and answer the complaint of (your 
name) wherein he claims the sum of $200. 

Signed, , 

Clerk. 

The Sheriff then goes out to hunt up this defendant to 
read him this summons and "return" the summons to the 
Clerk. If the defendant does not appear on the day set 
you may take a "default" against him. If he never ap- 
pears, the Judge renders a judgment against him. 

But you still haven't got your money. The judgment in 
your favor doesn't authorize you to go and take his corn 
or horse or piano. The Clerk will then give the Sheriff 



54 

an execution — an order for the Sheriff to levy on defend- 
ant 's property. After giving ten days' public and writ- 
ten notice the Sheriff may sell at auction to the highest 
bidder and pay you the amount he owes and give the 
defendant the remainder, if any is left. If he is a married 
man who owes you, the law allows him to keep $600 worth 
of property, no difference how much he owes. So be 
careful about loaning money, or selling on credit to married 
men. 

But now suppose that you haven't his note, and suppose 
he claims that he doesn't owe you but $40, how are you 
going to get your money? When he appears in court to 
deny some part of it, he denies by filing his "answer." 
Each party then names the witnesses to prove his side of 
the case and the judge sets a day for trial. The Sheriff 
subpoenies the witnesses and they must all take an oath to 
tell the truth, the whole truth, and nothing but the truth, 
so help them God. You, being the plaintiff, will go on the 
witness stand first. Your lawyer will sit near and ask you 
to state to the Judge or Jury all the facts of the transaction 
with defendant. He will ask you a great many questions. 
Witnesses are asked to tell where they live, what their 
occupation is, and sometimes their age, even though some 
people would rather find a ten dollar gold piece than to state 
their correct age in public. When the lawyer has asked 
you all he cares to you must then answer a good many 
questions by the defendant's lawyer, who is likely to be a 
very bad man. This is called cross-examination. You 
don't have to answer his questions except on matters which 
your own lawyer asked you about. 

The Judge decides whether a witness has to answer a 
question, and if he refuses when the Judge orders him to 
answer he will pretty likely be fined or sent to jail for 
contempt of court. If one of the witnesses who was present 
at the horse trade swears a falsehood against you he is 



55 

guilty of perjury, and it is your duty to send him to the 
penitentiary for two years and have him fined a thousand 
dollars. This is very much easier said than done. After 
you and your witnesses have told almost everything you 
know the defendant and his witnesses testify. Then the 
lawyers argue the case just like debating the question at 
school. "What is the more useful, the horse or the cow?" 

I had forgotten to say that if either side demands a jury 
the trial must be conducted in the presence of a Jury of 
twelve men, who must be either married or the owner of 
land. By agreement of all interested parties the Jury may 
be a less number. So you see what is necessary for you 
to serve on a Jury. Then the lawyers make their speeches 
to the Jury, but the Judge remains present to see that 
lawyers do not ask improper questions nor say improper 
things. 

Most trials are held in the big room of the court house, 
called the Court Room. You have been there, haven't 
you? All courts must be open to the public. You can go 
quietly in at any time and observe the proceedings. Do 
you know who is the Judge for your county? Or the 
Prosecuting Attorney? 

The costs in a suit mean the fees charged by the Clerk 
and Sheriff, and the witnesses. The losing party in a 
lawsuit is supposed to have been in the wrong, therefore 
responsible for the lawsuit, and must pay the costs. But 
if you sue for $150, and the defendant offers to pay $40, 
and the Judge or Jury finds that he owes you but $35, then 
you must pay all the costs. The costs vary from $10 to 
$30, outside of the witness fees. Witnesses are allowed 
$1.25 a day and 5 cents a mile for the round trip from 
their home to the county seat. 

The court just described, which is carried on at the 
County Court House, is called the Circuit Court. So when 
you hear men say they will sue in the Circuit Court they 



56 

mean they will go to the county seat and file their com- 
plaint with the County Clerk and have the Sheriff notify 
the witnesses and defendant. 

If either party is dissatisfied with the verdict he can 
appeal to the Supreme or Appellate Courts as explained 
in the chapter on "Laws, Lawyers and Practice." All 
verdicts in a Justice of the Peace Court may be appealed 
to the Circuit Court and tried as a new case. 

If a person is arrested for a crime or misdemeanor when 
court is not in session, he can not have his trial at that time. 
Unless charged with murder he can give bond or bail if 
friends will sign it, and thus remain free till time for the 
trial. This bond is a written guarantee that he will not 
run away, but will stand his trial even if he has to go to 
the penitentiary. If his bond is $1,000, and he runs away, 
the county first takes his property for the bond, and if 
that doesn't bring $1,000 his bondsmen must come in and 
pay the remainder. The bond money goes to the school 
fund. 

The jurisdiction or authority of each Judge extends over 
what is called a judicial district. This may be one or more 
counties according to population. About 50,000 inhabi- 
tants is an average district population. In each district a 
Judge is elected every six years. 

Prosecuting Attorney. 

In each judicial district a Prosecuting Attorney is elected 
every two years; it is his duty to prosecute all criminals. 
Pie receives a salary of $500 a year from the State and a 
fee of $5 from every person convicted of misdemeanor — 
unless the prisoner lays out his fine in jail. Then the 
Prosecutor loses his fee. In certain cases in the Circuit 
Court he gets $7.50. 



57 

"When the defendant in a divorce suit is unable to em- 
ploy a lawyer to prevent the divorce the Prosecutor must 
act as defendant attorney if requested to do so. When a 
Prosecutor dies or resigns the Governor appoints some 
attorney to fill the vacancy. He generally has a deputy 
in each township who may claim a fee for each conviction 
in a Justice's Court in the township. The Justice must 
notify the deputy whenever an arrest is made, and the 
deputy may claim his fee even when the person arrested 
pleads guilty. 

Justice of the Peace. 

If you sue for a small amount and want to give your 
neighbors something to talk about, you will probably sue 
before a Justice of the Peace — 'Squire So and So. 

He is a minor Judge and the Constable is his Sheriff. 
His jurisdiction in civil cases is his township ; in criminal 
cases the county. The Justice is his own Clerk. Either 
side may demand a jury — usually a jury of six — and the 
loser pays the costs. You can sue for amounts below $200 
in a Justice's Court. The Justice can administer oaths, 
acknowledge deeds, and solemnize marriage contracts, but 
can not grant divorces. 

All suits for money or for right of way, etc., are called 
civil suits. We can't put a man in jail in this country 
for debt, but we can for crime. Any case in which a man 
may be punished in any way is called a ' ' Criminal Case, ' ' 
or "State's Case," even if the fine is only one cent. When 
Henry Dale gets drunk in public and creates a disturb- 
ance, he doesn't thereby become indebted to anyone for 
$5, but owes the State. Any boy or girl or man or woman 
may go before a Justice of the Peace or Mayor and make 
an affidavit that such is true. The affidavit reads: 



58 

State of Indiana, County, ss : 

State of Indiana vs. Henry Dale. 

Weary Willie being duly sworn upon his oath, says, that 
in said county on or about the 20th of January, 1903, 
Henry Dale was then and there unlawfully found in a 
state of intoxication in a public place, to wit: The Main 
street of Needmore. Weary Willie. 

Subscribed and sworn before me this 22d day of Jan- 
uary, 1903. I. G., Justice of the Peace. 

The Justice must issue a warrant somewhat as follows : 
State of Indiana, County, ss : 

To any Constable of County, you are hereby 

commanded to arrest Henry Dale and bring him forthwith 
before me to answer the charge of being drunk, etc. 

When Henry arrives the Justice pushes back his spec- 
tacles and asks: "What answer do you make, guilty or 
not guilty ?" If he answers guilty the Justice must im- 
pose a fine and charge him up with the costs. Henry must 
pay the bill, or stay it or go to jail and stay as many days 
as he owes dollars. 

All this prosecution may be done in the Circuit just as 
easily as in a Justice's Court. If he pleads not guilty he 
doesn't have to prove that he was not drunk or anything 
else. The State, or prosecution must prove beyond all 
reasonable doubt that he was drunk or the Justice must 
acquit him, that is, set him free and tell him to go about 
his business. A man can not be punished for refusing to 
testify against himself, and the law gives the accused 
person the benefit of every doubt. 

Some Legal Advice. 

Now just because you know some law — and it is quite 
likely that you now know more of it, and more how to 
use it than the average voter — don't make a business of 



59 

threatening your friends with lawsuits, or your friends will 
become very scarce. Laws and courts are only to be used 
as a last resort. The man who always talks of taking his 
troubles to court usually finds it a most expensive school 
of experience, where the knowledge gained is worth less 
than the tuition. The study of law is a grand and inspir- 
ing study. Your very freedom is guaranteed to you by the 
laws of your country and State. Persons who know the 
law very rarely get into court. Still if you can't get justice 
otherwise, then go to the law. 

Towns. 

In the country are a number of small towns and villages. 
You have perhaps been thru several of them. Which ones? 
Some are incorporated — that is, have a town Government. 
The law-making part of this Government is the Board of 
Trustees, not less than three nor more than seven, elected 
by the people. 

The Trustees may levy taxes for improvements, such as 
sidewalks, streets, public wells and electric lights, to pro- 
vide apparatus for extinguishing fires, etc. 

The Town Marshal is to keep the peace, to arrest drunk 
or disorderly persons, and supervise the working of the 
streets. The Town Clerk keeps the minutes of the Trus- 
tees' meetings and the Town Treasurer has charge of the 
town funds. When a peddler or an auctioneer wishes to 
sell goods at the houses or upon the street he often has to 
go to the clerk and obtain a license to do so. It costs a 
man about a dollar for the privilege of selling a wagon 
load of watermelons on the street unless he has raised 
them himself. Of course, he can sell to merchants without 
any license. A town may also have a board of three School 
Trustees, but if the population is less than 1,500 the school 
is usually controlled and supported by the Township 
Trustee. 



60 
Cities. 

The law making part of a city Government is the 
Common Council and the City Mayor. There are also the 
City Clerk, the City Treasurer and the City Marshal, who 
have about the same duties as the corresponding officials 
in a town. A town must attain a population of 2,000 before 
it can change into a city Government. A city Government 
has greater powers than a town Government, and for that 
reason the people of a town nearly always vote to adopt 
the city Government just as soon as they can count enough 
people — 2,000 — sometimes before. 

Cities below 10,000 in population are legally known as 
cities of the fifth class. Under the present law the Mayor 
is elected for a term of four years, beginning with Novem- 
ber, 1905. On the same day a Councilman is elected from 
each ward and at least two Councilmen at large are elected, 
each for a term of four years. The city must be divided 
into at least three wards. The Mayor appoints the City 
Marshal, and the Council appoints the Night Watchman. 
The Mayor presides at all meetings of the Council, which 
must be at least once each month, and he has the same 
judicial powers that a Justice of the Peace has. 

The regulations passed by the Trustees of a town or by 
the City Council of a city are called ordinances. These 
are published in the papers so the people will know about 
them, and are then laws for the people who live or stop 
there, just as much as the State laws. So you had better 
read the papers. In some cities and towns they fine a man 
for leaving his horse untied on the street or for driving too 
fast on the streets, or for riding a bicycle on the sidewalk, 
or for peddling goods without a license. Sometimes a Mar- 
shal arrests a stranger for doing some of these things, 
while people who live there do the same every day. It is 



61 

a good Marshal who enforces all the laws and ordinances 
against all the people all the time. 

When a man violates a city ordinance and is arrested, 
he is generally brought before the Mayor for trial. A 
railroad company not long ago violated a city ordinance by 
refusing to put a flagman at a certain street crossing to 
warn persons of approaching trains. Well, the Marshal 
couldn't arrest the railroad. But the city notified the rail- 
road agent of the town (the city ticket agent and telegraph 
operator) to appear in court. The Mayor inflicted a heavy 
fine on the road and they had to pay it or the city would 
have taken possession of one or more of its trains, arrested 
the men who tried to take the train away and put them into 
the jail or calaboose. 

A city may build or purchase an electric light plant, a 
system of water works and furnish light and water to the 
people. Or they may charter a private person to do so. 

The city schools are entirely controlled by a board of 
three School Trustees, elected by the Council. They us- 
ually employ a City Superintendent to make the course 
of study and assume general control of all the schools of 
the city. 

If you can conveniently do so visit two or three Council 
meetings in succession. Go early and stay till the meeting 
adjourns. 

The Poor House. 

In almost every county there is a large farm known in 
law as the County Farm, but generally called by the 
people, "The Poor House." This is kept by a superinten- 
dent appointed by the County Commissioners as a home 
for the aged and helpless who have no other home. The 
Trustee may assist poor persons in his township to the 
extent of $15 a year each, and by special permission of the 



62 

Commissioners may give still more. If it appears that such 
persons are likely to remain permanently "on the town- 
ship/' that is, can never again make a living, the Trustees 
must take them to the County Farm. This is generally a 
pretty good sort of home and sometimes persons, just as 
a matter of pure laziness, go there to make it their home. 

Township Trustee. 

No public office is more important directly to you and 
your neighbors, than that of Township Trustee. He has 
much more to do with affairs in which you and the neigh- 
bors have a personal interest than has the Governor or 
the President. There are 1,016 townships in Indiana, and 
therefore 1,016 Trustees ; there is only one Governor for the 
State, and one President for the forty-six different States. 
So that in reality all of the Trustees of the State are a 
much more important affair in Indiana than the Governor 
or President. 

The Township Trustee is the general manager, book- 
keeper, treasurer, educational overseer for all the people 
of the township outside the cities and incorporated towns, 
and the "overseer of the poor" for the whole population, 
including cities and towns. In townships containing large 
cities, the Trustee's office is often thronged all day long 
in the winter time, by poor or unfortunate persons seeking 
aid — money for coal, or food or clothing, sometimes, tho 
not often, for school books. 

In the rural districts the Trustee is regarded by many 
persons as a bureau of free information, and they consult 
him for all kinds of legal advice, for which a lawyer would 
charge a fee. Many persons also give advice quite as freely 
as they ask it, and the Trustee who tries to heed it all, 
has a hard task. While his position gives him great powers, 



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67 

his responsibility is also very great, and lie usually receives 
so much criticism and so little credit and a good Trustee 
is so valuable to the township that the office ought to pay 
a great deal more salary than it does. Since the first 
edition of this book, the writer has visited about 700 Town- 
ship Trustees. A majority of them declare that if the 
election were to do over again, they would not under any 
circumstances have the office and its annoyance at the 
salary now allowed by law, which is $2.00 a day. An inter- 
esting problem is, "How can we induce good business men 
or school men to accept the office?" The following are 
some of the Trustee 's duties : 

He, in the first place, must keep a written record of all 
the township business. Must take charge of the financial 
affairs of the township. Receive from the County Treas- 
urer all money belonging to the township and pay out the 
same according to law. 

If any Road Supervisor dies or resigns the Trustee must 
appoint someone to fill the vacancy. 

He must see that all the different township funds for 
roads, schools, poor and other puposes, be used in the 
right way, and perform all the duties which once were per- 
formed by a Township Board. 

Previous to 1859, every township had three Trustees, 
who together constituted a Board for the transaction of 
township business. It had also a Town Clerk and a 
•Township Treasurer. All these offices were elected an- 
nually by the voters of the township. Owing to the expense 
and the fact that a divided responsibility did not produce 
the best results, the system was abolished in 1859. 

If any property, such as road tools, school property or 
any other belongs to the township, the Trustee must see 
after its protection. 



68 

He builds all schoolhouses, keeps the schools in session, 
purchases fuel, provides repairs, takes care of the premises, 
in fact, the Trustee is expected to see after all the school 
affairs of every kind, and many are the tales of needed 
repairs and changes, etc., that he must listen to. He is 
by law the inspector of all elections in his precinct, unless 
some candidate on some ticket is his near kinsman — as near 
as second cousin, in which case he is ineligible. 

The present school system of Indiana is generally con- 
sidered one of the best in the United States or in the 
world. The education of the people ranks very high. This 
is almost entirely the work of the past and present Town- 
ship Trustees of the State. The influence of a Governor 
or a President in such matters is very small, if indeed they 
have any at all. 

The rates of the township taxes are proposed by the 
Township Trustee based upon what will probably be re- 
quired to carry on the needed business for the ensuing year. 
Each year early in August he makes out in writing what 
is called " Estimate of Expenditures and Tax Levies for 
the Year 190 — ." In this he states just how much money 
is needed for each of the township funds, and what the rate 
of taxes must be to raise the money. He posts up a copy 
of this estimate in each postoffice in his township and 
publishes the same also in two papers representing the two 
leading political parties in the county, and if a paper is 
published in the township he also publishes his estimates 
in it. 

When the Township Advisory Board of three members, 
meets on the first Tuesday of September of each year the 
Trustee places before them this estimate, together with a 
statement of the assessed valuation of all the taxable prop- 
erty of the township. He then shows them by items just 
what he needs — which is necessarily a very extensive list 



69 

and the board may either order the levy asked for, or 
make a different levy. 

On or before the first Tuesday in June of each year the 
Advisory Board shall meet with the Trustee and levy a 
road tax of not more than 30 cents on each $100 of property 
in the township. This tax may be worked out by property 
owners. They may also levy a tax of 10 cents to be paid 
in money with other taxes. 

The Trustee may use just what money is "appropriated" 
by the board — that is, set aside — for any certain purpose. 
If he pays out more than this he does so out of his own 
pocket, as many Trustees have found out to their loss. 
One Trustee paid out nearly $3,000 for his township more 
than he had been authorized by the Advisory Board. He 
lost it. He sued the township to get his money, but the 
Judge instructed the jury that a Trustee has no lawful 
right to expend more than is "appropriated." 

The Trustee's salary is fixed by the Advisory Board — 
that is, they determine how many days he shall devote to 
township business at $2 a day. In townships with a popu- 
lation above 25,000 a salary is fixed by the County Com- 
missioners at not less than $1,000 nor more than $1,500. In 
townships with a population of over 75,000 his salary 
is $1,800 a year ; and in townships of over 100,000 his salary 
is $2,500. This last applies to only one township in the 
State — Center Township, Marion County, which contains 
the greater part of Indianapolis. 

Each January the Trustee must make a full settlement 
with his Advisory Board, who go over his books to see 
that the township business is being properly recorded. 

The Trustee holds his office for four years, and can 
serve but one term in eight years. He is elected the same 
year as the President. That is a good way to remember the 
dates. Who is your present Trustee? How many past 
Trustees of your township can you remember? 



?() 

Road Supervisor. 

A farmer once wished to express his contempt for a 
statesman who had been President of the United States. 
Said the farmer, ' ' I would not vote for that man for Road 
Supervisor," thus implying that the office of Road Super- 
visor is a very humble office. A few years before, when 
this same farmer was helping elect this statesman to the 
office of President, he said, " Let's vote the straight ticket, 
from President down to Road Supervisor." But the 
Supervisor may be as important to you some day as the 
President. He can command or "warn out" every able- 
bodied man in his "Road District" to labor upon the public 
highway, under his direct supervision, not less than two 
nor more than four days each year. This applies to men 
between the age of 21 and 50 years. And if a citizen, after 
being warned, neglects or refuses to work at the place and 
on the day ordered by the Supervisor, or to send a hand, 
it is the duty of the Supervisor to sue him. No property 
is exempt from such a suit. He must pay $1-50 for each 
day that he should have worked. If the Supervisor is 
aware that the citizen owns a team of horses, oxen or mules, 
or a wagon or road scraper, he may order the citizen to 
bring them and use them in his road work. And if the 
citizen refuses, then the Supervisor need not accept any 
of his services, but may charge him up with $1.50 for 
each day he was expected to work. This $1.50 a day is 
called "commutation money." But if he brings a team 
he is allowed a day's time for each team. In an emer- 
gency the Supervisor may warn out the citizens at any 
time to repair a road and give them credit on their time 
for the next year. The Supervisor is the only official in 
Indiana who is elected at a special election, and the only 
one not elected by the ' Australian system of voting. The 



71 

Legislature of 1907 tinkered the law for the election 
of Supervisors to this effect : 

On or before the first day of December, 1907. each Town- 
ship Trustee shall divide his township into any suitable 
number of road districts, not to exceed four: Provided: 
That in all civil townships exceeding thirty-six square 
miles in area, the Township Trustee may divide his town- 
ship into any number of road districts, not exceeding six. 
Such road districts shall not be held to include any part 
or parts of cities or incorporated towns that may be in 
the township in which such districts are located. Such 
road districts shall be as nearly equal in number of miles 
of roads as practicable. Whenever such Trustee shall 
deem it necessary he may make such changes in such road 
districts as will subserve the public interests. The quali- 
fied voters in such road district in the several townships of 
the several counties in the State shall, on the second Sat- 
urday after the first Monday in December, 1907, and 
every two years, elect a Supervisor, who shall hold his 
office for the term of two years and until his successor has 
been elected and qualified. He shall carry into effect all 
orders of the Trustee of the township in which the road 
district is situated touching the highways and bridges 
therein, and keep the same in good repair. Each Road 
Supervisor shall receive for his services actually performed 
the sum of $2.00 per day, for not to exceed sixty days in 
any one year. 



72 

State School System and its Administration — State 
Superintendent. 

We have already seen the relation of the County Super- 
intendent and of the Township Trustee to the common 
school. 

At the head of the State school system, however, is the 
Superintendent of Public Instruction, or State Superin- 
tendent, as he is more often called. By virtue of his 
office he is a Trustee of the State Normal School, which 
is for the purpose of preparing teachers to teach in the 
common schools of Indiana. He is also a member of the 
State Board of Education which chooses all the school 
texts and prepares the course of study for all the schools 
of the State. He is required by law to visit each county 
at least once during his term of office, to ascertain the 
condition of the school funds. If the permanent funds 
are not safely invested, or are not earning 6 per cent., it 
is his duty to report the County Auditor to the Legislature. 
He may even direct the Prosecuting Attorney to bring 
suit in the name of the State to recover any school funds 
that are in danger of becoming lost. 

Any teacher dissatisfied with the grade of license given 
him by the County Superintendent may appeal to the 
State Superintendent, or may send his examination manu- 
script to the State Superintendent direct and have it 
graded by him instead of by the County Superintendent. 
The State Superintendent is practically the Attorney-Gen- 
eral on school matters. He must give his opinion, when 
so requested, on the meaning of any part of the school 
law; and must compile and cause to be published the 
school laws of the state. 

But the great work which has engaged the State Super- 
intendents for the last few years has been to secure more 



73 

high schools, and the consolidation of the township schools; 
that is, the establishment of a large scJUool near the center 
of the township and the abandonment of the smaller dis- 
trict schools. This nearly always results in the high school. 

"While this work must be done by the wide-awake Town- 
ship Trustees, yet the plan had its origin and encourage- 
ment from the State Superintendent. In an early day 
when schools were few, and families large, and the roads 
were very bad, a State Super iutendert said he il hoped to 
'ive to see a schoolhouse at every crossroads in Indiana." 
\t that ti ne he was right. Bu; as each village now has a 
graded school which is much better than a district school, 
so many pupils come in from the country that the district 
is often left without enough pupils to make school life 
pleasant or interesting. 

The movement for centralized and high schools was first 
taken up and encouraged by State Superintendent David 
M. Geeting, who was elected in 189.4. Prior to his admin- 
istration only a township here and there had any high 
school at all. He traveled in every county in the State, 
speaking at institutes, and conferring with Township Trus- 
tees in behalf of township high schools. The same ideas 
were vigorously advanced by State Superintendent Frank 
L. Jones, who was elected in 1898, and by Fassett A. 
Cotton, who was first elected in 1902, until now there is 
scarcely a township in the State that hasirt a high school. 

The salary of the State Superintendent is $3,000 a year, 
an assistant is allowed $2,000 a year, and a deputy $1,500. 
The law provides $720 a year for a stenographer, and 
$1,000 for traveling expenses. He is elected for a term 
of two years. Mr. Cotton was elected in 1906 to a third 
term. 

Candidates for this office are nominated by the regular 
Democratic and Republican State Conventions, and are 



74 

voted for by the people the same as other candidates on the 
State ticket. As most citizens know none of the candi- 
dates, they vote the State ticket by stamping the eagle or 
the rooster. So the only sure way in Indiana to get a 
good man is for both the Democratic and Republican 
State Conventions to nominate good men. 

The School Fund. 

The common school fund contains all the money that 
has ever been paid in the way of fines — a very large 
amount each year — all forfeited bonds of criminals, all 
money derived from lands or other property to which 
there are no heirs, and gets whatever tax may be assessed 
upon corporations for the benefit of the common school 
fund. From 1834 to 1859 the State of Indiana was a 
stockholder in the State Bank, and the State's share of 
profits in that time amounted to $3,750,000, all of which 
went into the common school fund. 

Then we have the "Congressional Township School 
Fund," which together with all money derived from liquor 
licenses and unclaimed fees, constitute the "School Rev- 
enue for Tuition.' ' The United States Government owns 
all the land of the State, until the land has been entered 
by settlers, and until then, called "Congress Land." But 
Congress donated to Indiana each section numbered 16 — 
see "How Land is Surveyed" — the proceeds from the 
sale of such land to go to the Congressional Township 
School Fund. It has practically all been sold long ago. 

These school funds are distributed among the different 
County Auditors to be loaned at 6 per cent, on real estate 
mortgage and insured improvements. Only the interest 
can be used. The school funds are not to be permitted to 
diminish, and the Common School Fund constantly in- 



75 

creases. A county of 25,000 population is likely to have 
about $27,000 of the Congressional School Fund and about 
$75,000 of the Common School Fund. The County Audi- 
tor must either keep this money loaned out, or the county 
must pay the State Treasurer the interest. He can loan 
one person but $2,000, and for only five years. The 
property mortgaged must be worth twice the amount of 
the loan. The interest on the Congressional Township 
Fund is collected by the County Treasurer and is distri- 
buted among the different townships according to the 
number of school children enumerated. 

Interest on the Common School Fund is also collected 
by the County Treasurer, and taken to the State Treas- 
urer, and is by him redistributed to the different counties 
according to the number of persons of school age in each 
county, as shown by the report of the State Superin- 
tendent. The interest on these funds all goes to the 
Tuition Fund to pay teachers' wages. There is also by 
law a State tax of 13 cents on each $100 worth of property, 
and 50 cents poll tax, for the benefit of the Tuition Fund. 
The School Trustees of townships, towns and cities may 
levy a tuition tax of 50 cents on each $100 and a poll tax 
of $1.00, within their jurisdiction, for tuition. 

In some counties where the land is poor, this rate is 
necessary, for the law requires that every township shall 
maintain a six months' term of school. 

Every male citizen between the ages of 21 and 50 years 
must pay the poll tax, whether he owns property or not. 
The Congressional School Fund is about $2,500,000; the 
Common School Fund is about $8,000,000; the interest 
from both is about $600,000 annually. 

It requires 16,000 teachers to teach the schools of In- 
diana, and $5,000,000 a year to pay them. All the teach- 
ers together would make a larger crowd than attends the 



76 

County Fair on Thursday. Schoolhouses and school furni- 
ture, etc., are paid for by special school tax, levied by the 
Trustees of each township, town and city. It may be as 
high as 50 cents on the $100 and 50 cents poll tax. It 
creates the "Special School Fund." 

The State University at Bloomington, Purdue Univer- 
sity at Lafayette, and the State Normal School at Terre 
Haute are each supported by special tax created by law for 
them. You can see illustrations and descriptions of these 
schools in your geographies. 

Political Parties — Machinery and Conventions. 

Of course you think you belong to some political party. 
Very likely it is the same one to which your father belongs. 
That is all right, provided that your motive is all right. 
But by the time you are 21 you should have a still better 
reason for your views than that you were raised that way. 
This is not saying a young man should join a different party 
just to be different, nor because it is in power, for if he does 
that he isn 't a good citizen. All policies of Government are 
now effected through political parties, and a man without 
a party can accomplish but little, if anything, in Govern- 
ment matters. If you are a well informed citizen you will 
soon see some things in your own party principles which 
you don't quite like, and some things in another party's 
principles which you like pretty well. This shows that 
your own party is not all good, nor the others all bad. The 
most important work of parties is in the convention where 
they nominate a ticket and adopt a platform. The plat- 
form is a statement of the principles the party will put 
into practice if elected — maybe. They often have fierce 
debates and quarrels over the platform. 

Did you ever attend a convention and see them nominate 
the best ticket which your county ever had, and hear the 



77 

speeches? Did yon never? Well, maybe yon wouldn't 
have paid any attention to the proceedings if yon had 
attended a dozen. The next time your father and brother 
go to the Connty Convention, go along if yon can, and see 
them help to down the "ring" and the "bosses." 

A convention is a party affair. As the Democratic and 
Republican parties are organized exactly alike a description 
of a convention of one party will also describe that of the 
other. How all the voters of a party could agree on the 
same candidates was for many years a mystery to me — 
especially how they could agree upon a candidate for Presi- 
dent. Well, each township is divided into precincts. A 
precinct is that portion of a township wherein all the voters 
vote at one place on election day, and must not contain 
more than 250 voters — called also electors. In counties 
where voting is done with the machine a precinct may con- 
tain 600 voters. A man can vote only in the precinct in 
which he lives. 

Early in the spring of every campaign year — each year 
that ends in even numbers, as 1904, 1906, 1908, etc., the 
County Chairman issues a call to the voters of his party 
to meet in their respective precincts to elect a Precinct 
"Committeeman," to select delegates to the district meet- 
ings, and also delegates to the State Convention. There are 
about 3,000 precincts in Indiana, each with its Democratic 
and Republican Committeeman. Do you know who they 
are in your precinct and how many precincts in your 
township ? Soon afterward all the Precinct Committeemen 
of the county meet and organize themselves into a County 
Committee and elect another Chairman or re-elect the for- 
mer chairman. The County Chairman calls the committee 
together occasionally to report on the condition of the party 
in their respective precincts and townships, and to decide 
what kind of a County Convention they prefer — whether a 
delegate or mass convention or primary election. If the 



78 

committee in its wisdom decides on a delegate convention 
the County Chairman issues a call through the papers call- 
ing the voters of his party together in their townships to 
select delegates — usually eight to twenty — to represent the 
people in the County Convention. On the day set by the 
County Committee the delegates meet at the appointed 
place, usually some City Hall. The meeting is called to 
order by the County Chairman, who generally makes a 
short speech, and closes by saying, "Gentlemen, whom will 
you have for Chairman of this convention ? ' ' 

A delegate arises and nominates the County Chairman 
or some other man for the place. The first man nominated 
is usually chosen. The Chairman of the convention then 
takes charge of the meeting and begins to call for nomina- 
tions — usually Representative first. A delegate who has 
been asked to present the name of John Smith arises and 
tells the convention why Smith should be nominated. An- 
other delegate nominates Jones, another Brown, another 
names Jenks. Sometimes as many as a dozen names are 
presented for one office. Then the Chairman instructs 
the Secretary to call the roll of townships. As each one 
is called a delegate arises and announces the vote of his 
township. If it is entitled to twelve delegates, the vote 
may stand: Smith 4, Jones 1, Brown 2, Jenks 5. When 
the roll call is finished it is seen that Jenks has received the 
most votes. But in order to be nominated one must receive 
a majority of all the votes in the convention. On the third 
ballot Smith receives 42 votes out of the 80, and the Chair- 
man declares him to be the nominee. And so on till the 
ticket is complete, Auditor, Treasurer, Clerk, Sheriff, Re- 
corder, Commissioners, Surveyor, Coroner, and seven 
County Councilmen. It is then discovered that they have 
named the best and strongest ticket ever placed before the 
people. 



?9 

A month or more before the convention a candidate 
should arrange to have it announced in the papers by "his 
many friends ' ' that he has consented to accept the nomina- 
tion for sheriff — or whatever office he may aspire to. He 
can usually make such an arrangement for $5. He may 
announce in all the papers of his party published in the 
county and in all the independent papers, or in only that 
one of his papers which he chooses to recognize as the 
"party organ." 

From the day of the convention till election day — always 
on Tuesday following the first Monday in November — 
the candidates attend every old settlers' meeting, every 
public sale, and every rally in the county, shaking hands 
and asking the people to support them. If it is a "close" 
county, that is, if the parties are about equally divided, 
candidates don't like to be too independent for fear they 
will lose a vote or two. A delegate convention is often very 
unfair, as it often defeats the will of the party. A better 
way to nominate a ticket is by a mass convention where the 
voters from all over the county assemble in a grove near the 
city. When two or more candidates are presented all those 
who are for Smith line up on one side ; all those for Jones on 
the other and are counted. Whoever has the most men on 
his side is nominated. The chief objection to this system of 
nominating county candidates is that the county is so large 
that some have to come so far that they don't always come. 
A mass convention scarcely ever brings out more than one- 
fifth of the party strength. This system is better adapted 
to a township where every voter lives near. The third 
system is the most expensive but the fairest of all — the 
primary election. It is a regular election within the party. 
But it requires hard work to get ready to hold elections. 
There must be clerks, inspectors and judges to see that 
ballots are counted and counted fairly. And they must 
have pay. The candidates, however, pay the bill. A 



80 

primary election generally brings out at least two-thirds of 
the party in each precinct. Whenever a man takes part 
in a convention he is supposed to support the ticket nomi- 
aated, but he doesn't always do so, and doesn't have to. 

What has become of those delegates to the "district 
meeting?" Upon the call of the State Chairman and the 
Chairman of the Congressional District, which call is made 
through all the newspapers of the party in the district, 
the delegates meet in some city named by the district Chair- 
man. Their work is to elect a new district Chairman, or 
re-elect the old one, and to adopt a platform, and return 
home. Then the thirteen district Chairmen of the State 
meet and organize themselves into a State Central Com- 
mittee and elect a State Chairman. He is elected for 
a term of two years. The State committee and 
Chairman call the State Convention and manage the 
State campaign. The district Chairman manages the cam- 
paign of the candidate for Congress. Candidates for Con- 
gress are nominated by delegates chosen by the people. 
The candidate for President is nominated by delegates to 
the National Convention, and each Congressional District 
in the United States is entitled to two delegates. In Indi- 
ana these are chosen by the delegates to the State Conven- 
tion. On the evening before the State Convention the 
delegates from the thirteen districts meet in thirteen 
different rooms in the State House and in each room two 
delegates are chosen, and two alternates, to vote in case 
the delegates fail to attend the National Convention. The 
State Convention as a whole also chooses four delegates "at 
large" for the State. Delegates chosen in this way will 
help to nominate the next President of the United States. 
Thus in Indiana the system of party organization is this: 
The voters of a party elect a precinct committeeman. The 
precinct committeemen elect a county chairman. The elec- 
tion of district chairmen comes back to the delegates from 



81 

the people. The district chairmen elect a State chairman. 
The State Committee elects some one to be a member of the 
National Committee. These members of the National Com- 
mittee from the different States elect a National Chairman. 
Senator James K. Jones, of Arkansas, was the Democratic 
National Chairman who managed both of Bryan's cam- 
paigns. Senator Marcus A. Hanna, of Ohio, was the Re- 
publican National Chairman who managed both of 
McKinley's campaigns. Mr. Thomas Taggart, of Indiana, 
was the Democratic National Chairman who managed 
Judge Parker's campaign; Mr. George B. Cortelyou, of 
New York, managed the campaign of President Roosevelt. 
It required fifty years to get the system of party machinery 
fully developed. Once established and set in motion it 
is easily kept going. 

The Law of Contracts. 

The management of the world's business is a never- 
ending round of making contracts. Therefore some knowl- 
edge of the law of contracts is a necessary part of every 
person's education who transacts any business with his 
fellowmen. 

In almost every conversation we hold we make some sort 
of a contract. A sale of goods is a contract. Marriage 
is a contract, and every plaintiff in a divorce suit asks 
the court to " annul the marriage contract." 

The first principle of the law of contract is that every 
person must do as he agrees to. To fail to do so is to 
commit breach of contract. 

A contract to be binding upon the parties must con- 
tain certain necessary elements. First, it must be legal. 
For instance, if a man agrees to steal you a horse and 
goes back on his word, you can not sue him for breach 
of contract. 



82 

A contract to be binding must be an agreement to do 
something which is possible. If you agree to jump over 
the moon for $5, and don't jump clear over, the other 
party can not sue you for breach of contract, even if 
he has partly or entirely paid you. You will have to re- 
turn whatever he has paid you. 

In every contract there must be a consideration, that 
is, there must be an exchange of values of services. When 
a farmer sells a horse for $100, then we say the $100 is 
the consideration which he received for it. A promissory 
note is a contract and the words in it " value received' ' 
represent the consideration. If you agree to make a man 
a present of $10 next Saturday, you don't have to do so, 
altho the man may be damaged by having his calculations 
to use it, and getting his plans upset. But if you agree 
to pay him $10 for his pencil you must pay, though the 
consideration is out of all proportion to the article bought 
Perhaps you could avoid paying the $10 on the grounds 
that you were insane when you contracted to do so. 

The contract to be binding must be made between 
parties able to make a contract. Minors (persons under 
21 years of age), insane persons, idiots and persons intoxi- 
cated are not capable of making contracts, and are not 
bound by them. And this is right, as it prevents dis- 
honest men from imposing upon persons of deficient judg- 
ment. 

Before a contract is binding upon either party it must 
be assented to by both parties. If you tell a man you 
will bring him a horse next w T eek to sell him at $40, you 
had better get him to say that he will give you $40 before 
you take him the horse, or he won't have to buy him. On 
the other hand, if he tells you he will come on a certain 
day to buy your horse at $35 you are not obliged to say 
that you will or will not take it. But when he comes after 




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87 

the horse you don't have to sell him unless you want to, for 
it takes two to make a bargain. I know a certain man who 
gets badly fooled every little while by trying to make a 
trade by himself. Yet he goes and fools himself the same 
way again before long. If you priced the horse at $50 or 
more you wouldn't be bound to sell even if you had agreed 
to, unless you had signed an agreement or had received part 
of the money. The statute on this subject reads thus : 

"No contract for the sale of any goods, for the price 
of $50 or more, shall be valid, unless the purchaser shall 
receive part of such property or shall give something in 
earnest to bind the bargain or in part payment ; or unless 
some note or memorandum in writing be made, and signed 
by the party to be charged thereby, or by some person law- 
fully authorized by him." 

The statute is quoted here, because otherwise it is some- 
times difficult to convince people that such is really the 
law. 

The word "goods" doesn't always mean "dry goods." 
It may mean "wet goods" or hardware, or hogs or wheat. 

A stock buyer by the strange name of Smith, one fall, 
went through a certain neighborhood buying hogs at 5 
cents a pound. The farmers were to deliver the hogs at 
a certain pair of scales on a certain morning about two 
weeks later. Before the day came, however, hogs were 
worth 6 cents. Smith had paid no money on them, but he 
was at the scales that morning fully expecting the farmers 
to bring their hogs to market. But not a hog nor a farmer 
appeared, and the buyer lost $400 of expected profits. 
Could he bring suit for damages? No, because each far- 
mer's drove of hogs was worth more than $50. If one 
farmer's drove had been worth less than $50, then Smith 
could have sued that one farmer. Next year the same 
buyer went through the same neighborhood and offered 
the farmers a great deal more for their hogs than they 



88 

were worth. Of course, he again contracted for all the 
hogs in the country, and every farmer bright and early 
started to the market on the day appointed to get a big pock- 
et full of money. But where was Smith? He was miles 
away from the crowd of angry farmers, honest old farmers. 
They threatened to sue him. But they could no more sue 
him now than he could sue them for forgetting their prom- 
ise a year before. Smith had in this manner collected the 
only damages he could collect. But the man who is always 
trying to get even rarely has time to be a successful man. 
The man who derives satisfaction from causing other 
people trouble is generally a bad citizen. But this Smith 
was a pretty good citizen, for he taught his neighbors a 
good and useful lesson, which it seemed they could not 
learn any other way. 

Other contracts which have to be signed are chiefly for 
the sale of land. Also any agreement that is not to be per- 
formed within one year from the date of making the con- 
tract. There are still others of which your lawyer can tell 
you. 

A contract must be without fraud. If a man sells a 
horse guaranteeing him to be " sound in wind and limb," 
when the horse has the heaves at the time, the purchaser 
need not pay for him or can get his money back if he has 
paid. But he must return the horse. But the party in- 
tending to defraud the other remains bound by the con- 
tract, for it is a principle of law that one can not take 
advantage of his own wrong doing. 

So a contract to be binding must be legal; it must be to 
do something which is possible ; it must be made by persons 
capable of making it; there must be a consideration; there 
must be the assent of both parties; it must be without 
fraud; it must in certain instances be written and signed. 
Commit to memory the elements of a binding contract. 
Violation of the contract by one party releases the other. 



89 

People are always committing some little violations of 
contract which are harmless, and to which sensible men 
pay no attention. If you are dealing with a rogue, how- 
ever, be careful, for he may be watching for some chance 
to sue you for breach of contract, so that he can get into 
court. 

When a man fails or refuses to do as he has agreed, you 
can't make him do it, and the law can't make him do it. 
That is, the Sheriff can not take hold of his hands, place 
tools in them and compel him to build a house. That 
would be assault and battery. Suppose you had a contract 
with him in writing by which he was to build you a house 
for a certain sum of money, you to furnish the material. 
After you have all the material hauled he repudiates the 
contract and leaves you waiting for a house. All you can 
do is to calculate how much money you have lost by not 
getting it built when you wanted it, by the waste of lumber, 
and the inconvenience, and then sue him for probably twice 
that sum of money, as damages for breach of contract. 
Then, if you get a judgment against him for an amount of 
money, you can collect it by an execution in the same way 
you would collect another debt. Tou remember how that 
is, don't you? Sometimes the judge decides that he has 
to perform his part of the contract, and issues a mandamus 
or an order for him to do so. Then he can take his choice 
of performing his agreement or going to jail. 

Roads and Highways. 

What we commonly call the "big road" is known in law 
as the "public highway." It belongs to the public, and 
that part of it which runs past your door is as much the 
property of the traveler from Arkansas as it is yours. And 
that which runs by the door* of the Arkansas traveler is as 
much yours as his. For this reason a landowner can not 



90 

jerk and twist the road from place to place on his land 
without the consent of the County Commissioners, nor 
without giving his neighbors a chance to object. When- 
ever a farmer desires to change the road upon his own land 
he must post up three notices in three public places in the 
neighborhood stating that at a certain term of the Com- 
missioners' Court he will petition the Board for permission 
to change the road and must say just what change he de- 
sires permission to make. Then the farmer files his 
petition, and the Commissioners appoint three disinterested 
landowners as viewers, who go to the place of the proposed 
change and report to the Commissioners either their ap- 
proval or disapproval of the change. If the viewers report 
in favor of the change, any landowner in the neighborhood 
may remonstrate against it, and the Commissioners then 
try the case on the facts, and if they find that the public 
will not be materially injured by the proposed change they 
grant the petitioner permission to make it. If the viewers 
report unfavorably, the petitioner may demand the trial 
and must abide by it. The petitioner must pay all the costs 
of the proceedings, except that when a party remonstrates 
and the Commissioners find against him he must pay the 
costs, if any, occasioned by the remonstrance. 

Whenever it is desired to change the location of a road, 
or to open up an entirely new line of road or to discontinue 
(vacate) a road over the lands of other parties it can be 
done in the following manner: 

Twelve freeholders (land owners) six of whom must 
reside in the immediate vicinity of the place where the new 
road is to be laid out, or where the old one is to be vacated 
or where the change is to be made, must petition the County 
Commissioners. But they must show to the Board that 
they have given notice of such application by publication 
for three weeks successively in a newspaper published in 
the county or by posting up notices in three public places 



. 91 

in the neighborhood for twenty days. Then the Board of 
Commissioners shall appoint three persons who do not live 
in the neighborhood to view the highway proposed to be 
located, changed or vacated. 

The viewers must take an oath to perform their duty 
faithfully and agree to meet on some day to view such high- 
way; and report to the Commissioners at the next term of 
their court. If the viewers approve the change, they des- 
cribe it by metes and bounds, that is by directions and 
section numbers. 

The Commissioners make a record of the change and 
order the road to be kept in repair. The Auditor sends a 
copy of the order to the Township Trustee, who copies it 
on his record and notifies the proper Supervisor. 

Any person thru w T hose land such a highway passes may 
remonstrate — not against the change — but for damages. 
The Commissioners must then appoint reviewers who pro- 
ceed just as the first viewers did. If they report in favor 
of damages, and the Commissioners think the county would 
be benefited to the extent of the damages, they order such 
damages to be paid out of the county treasury, and order 
the road changed, or opened, or vacated. If they do not 
think the change worth the cost they do not order the 
change and the matter stops, unless appealed to the Circuit 
Court. 

No highway can be changed until the damages assessed 
by the reviewers have been paid. 

The county and the township may both share in the 
expense of building a bridge, or culvert, or other highway 
improvement. For many years it has been the custom — 
established by an old law — for the Trustee of the township 
to pay $75, and the county the remainder. An act of 1905 
provides that if the Trustee of any township shall notify 
the Commissioners that the public convenience requires 
that a bridge at a certain location in his township be built 



92 

or repaired, the Commissioners may cause the work to be 
done. But if the Commissioners refuse to appropriate the 
necessary money from the county treasury, the Trustee 
may appropriate any part of the road fund in the township 
treasury for that purpose. 

All county roads must be thirty feet wide, township 
roads twenty-five feet wide. There are very few township 
roads any more. Roads generally run on what are called 
section lines, which are also generally the boundary lines 
between men's farms. In the latter case each landowner 
must give half the road. 



How Lands are Surveyed. 



All the land in Indiana is laid off into Congressional 
Townships, six miles square. Each Congressional Town- 
ship, or town, therefore, contains thirty-six square miles or 
sections, of 640 acres each. Each section numbered sixteen 
is the one which at one time belonged to the State to sell 
for the benefit of the Permanent School Fund. The town- 
ships are separated by range lines which run due north 
and south six miles apart, and by town lines which run 
due east and west six miles apart. 

All townships are located as being so many towns north 
or south of the base line which runs across the State from 
east to west passing near Petersburg in Pike County and 
Charlestown, Clark County. And so many ranges east or 
west of the meridian which runs from north to south pass- 
ing near Paoli, Bloomington, Lebanon, Logansport and 
South Bend. The north row of the townships in the State 
are all in town 38, north, which means that they are thirty- 
eight times six miles north of the base line. They also run 
south as far as town 8. The townships along the east side 



93 



of the State are in " range 15, east." On the west side they 
are in " range 9, west." The section lines which divide 



Range 
5 West 


C 




Range 4 West 




A 


Range 
3 West 




6 


5 


4 


3 


2 


1 






7 


8 


9 


10 


11 


12 




3 
o 


18 


17 


School 

16 
Section 


15 


14 


13 


o 
4 
p 


a 


19 


20 


21 


22 


23 


24 


QO 

o 

et- 

P* 




30 


29 


28 


27 


26 


25 






31 


32 


33 


34 


35 


36 


H 


Town 
17 

North 


D 




Range 4 


West 


' 


B 


Town 
17 

North 



The above is Congressional Town 18 North, Range 4 West. 
No other township in the Northwest Territory is so numbered. 
Lines AB and CD, six miles apart, extend from the Ohio river to 
the northern limits of Michigan; and every township lying be- 
tween them is in Range 4 West. Lines EF and GH, six miles 
apart, extend from the Mississippi river to the State of Pennsyl- 
vania, and every township lying between them is in Town 18 
North. 

the township into sections run due north and south, and 
due east and west, except in Clark County and in Knox 



94 



County, where they run diagonally. Township and county 
lines do not always follow the boundaries, for part of a 
congressional Tp. may be in one county and part in an 
other. Suppose you live in Section 20 in any township 
outside of Clark County or Knox County, then Section 17 
lies on the north, Section 21 on the east, 29 on the south, 
and 19 on the west. If you live in Section 1, then 36 is 
on the north, 2 on the west, 6 on the east, and 12 on the 



John A. Roach 
N. W. \i. 160 acres. 


Mary G. Miller 
N. E. H. 160 acres. 


Thomas L. and 
Mary R. Harris 

S. W. K. 160 acres. 


W.HofS.E.ii. 
80 acres. 


N.Rfcof S.E.K 
40 acres 


* 


N. E. & 
of S. E. 

H of S. 
E.H. 

10 acres. 


10 acres. 



south. Sections are divided into quarters of 160 acres, 
which are sub-divided into halves, quarters, etc. "Whenever 
a farm Is sold the deed for the land must describe it as 
being a certain part of Section No. . . , Town No. . . , north 
or south, and Range No. . . , east or west. Did you ever 
hear of a "range road?" It is the boundary line between 
what? In what section do you live? By the diagram 
bound it. 



95 
Historical Sketch. 

Indiana is not a Nation, but a State; and as such has 
little, if any, institutional history distinct and separate 
from that of other Northern Central States. Indiana is 
commonly called the "Hoosier State," "Hoosier" being a 
word of doubtful origin, probably an Indian word, and 
the name of Indiana literally means Indian Land. French 
trappers and fur traders appeared within the present limits 
of Indiana in 1679 and opened a trade with the Miami and 
Wabash Indian tribes in the northern part. It is certain 
that the great French explorer, La Salle, and a party of 
adventurous Frenchmen on their way to the Illinois In- 
dians crossed the northwestern part of the State in 1680. 
About 1720 the French built a fort near the present site 
of La Fayette, and 1727 another at Vincennes. In 1731 
a number of French families established their homes at the 
present site of Vincennes, which fact makes it the oldest 
town in the State. By this time they had built forts along 
the streams and lakes of Illinois, Wisconsin, Michigan, Ohio 
and Canada to protect the French fur trading posts scat- 
tered over the vast region just named, and to establish the 
French in possession. Thus all these States at first were 
not a part of New England, but of New France by right 
of discovery and first possession. How old was Jamestown, 
Va., when Vincennes was settled? New York? Phila- 
delphia? What language was spoken by the first white 
children born in the present limits of Indiana? 

Canada and all the land which afterward became the 
Northwest Territory — Indiana, Illinois, Wisconsin, Michi- 
gan, Ohio — remained a French territory until the treaty 
which followed the French and Indian War. Your school 
histories — both Gordy's and Montgomery's — tell you that 
the French and Indian War began in 1754, and that it 
was a struggle between the French and the English for 



96 

i 

possession of North America. It might also be called a 
successful attempt on the part of England to take from 
France all of Canada and the five great States afterward 
comprising the Northwest Territory, which France already 
held. 

Perhaps you have read Longfellow's beautiful and 
mournful story of " Evangeline, ' ' in which he tells how 
the English in 1754 forced the French inhabitants of the 
village of Grand Pre on board the British war vessels, 
burned the village, and scattered the French colonists, 
G,000 in number, along the coast from Massachusetts to 
Georgia. You remember that the decisive battle of the 
Avar was at Quebec, when the British army under General 
Wolfe, routed the French under General Montcalm in 1758. 

The French power in America was overthrown by this 
defeat and by the treaty of 1763 France ceded to England 
all her possession north of the Ohio River, and east of the 
Mississippi. Thus Indiana became an English possession 
with a British garrison at Vincennes. Thus it appears 
that the story of Evangeline is in part a story of the strug- 
gle for Indiana. 

Fifteen years later, that is in 1778, the third year of the 
Revolutionary War, General George Rogers Clarke with a 
small body of Virginia soldiers attacked the King's troops 
at Vincennes and drove them out. Another British force 
came down from Detroit and recaptured Vincennes. 
Clarke returned and captured the place, and Indiana and 
all the Northwest Territory passed from British authority 
to American; but England still claimed authority over the 
whole country until after the surrender of Cornwallis at 
Vorktown in 1781. 

By our Treaty of Peace in 1783 England formally ceded 
the Territory, and parceled it out among Virginia, New 
York, Massachusetts and Connecticut, ceding most of it, 
however, to Virginia. In order to quiet the spirit of jeal- 



97 

ousy among the States, and induce them to remain in the 
Confederation, Congress persuaded the States to surrender 
their interests in the Northwest Territory to the General 
Government in 1784. This gave all the States an interest 
in the money which settlers would pay the Government for 
farms in this section, and greatly helped hold the country 
together. Thus Indiana became "Government Land" in 
1784. The "Northwest Territory" was formally organized 
by the "Ordinance of 1787." 

In 1800 Congress organized Indiana Territory, including 
all the Northwest Territory except Ohio, with William 
Henry Harrison as Governor. In 1805 Michigan was cut 
off, and Illinois in 1809, leaving Indiana with its present 
boundaries. By Act of Congress, April 19, 1816, Indiana 
was authorized to form a State Government. A State 
Constitution was written by the convention which met at 
Corydon under a large elm tree — still standing. The Con- 
stitution was adopted at an election held in June, and the 
first week of Congress — December 11, 1816 — the State was 
admitted to the Union, being the nineteenth State to enter, 
thus is represented by the nineteenth star in the flag. Have 
you ever noticed what a bright star No. 19 is ? 

The Indians had already been driven out or back to their 
reservations by General Anthony Wayne ; and by the over- 
throw of Tecumseh's conspiracy at Tippecanoe by General 
Harrison in 1811. 

The history of the State since being admitted has been 
chiefly that of peaceful development — clearing farms, 
building roads, towns and cities. The State has built 453 
miles of canals — all now abandoned. The capital was 
moved from Vincennes to Corydon in 1813 ; and to Indian- 
apolis in 1825. The famous panic of 1837 struck Indiana 
with especial severity, since most of the settlers had bought 
farms with borrowed capital. In 1839 the State could not 
borrow any money, and could not pay the interest on exist- 



98 

ing debts. Since 1851 we have been able to borrow all the 
money we wanted. In 1851 the people adopted the present 
Constitution for the State. 

For the Mexican War, Indiana furnished 4,500 soldiers, 
which was more than her proportional share. For the 
Civil War Indiana's enlistment was 197,000 soldiers, which 
was at that time 75 per cent., or three-fourths of all her 
able-bodied men under 45 years of age. This proportion 
is not equaled by any other Northern State. Twenty-six 
thousand never returned, being killed in battle or dying 
of wounds and sickness. 

Indiana was the last State to ratify the Fifteenth Amend- 
ment to the Federal Constitution giving negro citizens the 
right to vote. So many States had rejected the amendment 
that Indiana's vote was the one which would decide the 
matter for it or against it. There was great excitement 
thruout the country when the Indiana Legislature, at a 
stormy session, came to vote upon it — and voted for it. 
That, perhaps, is the most important part Indiana has 
played in the history of the nation, for there has never been 
a time since then that the amendment would have been 
passed. 

Ours has usually been considered a " close" or "doubt- 
ful" State politically. The Democratic party and the Re- 
publican party having alternately been in and out of power, 
as may be seen by reference to the list of Indiana Gover- 
nors. Indiana has furnished two Presidents — William 
Henry Harrison and Benjamin Harrison. Also three Vice 
Presidents — Schuyler Colfax, Thomas A. Hendricks and 
Charles W. Fairbanks — and a number of other citizens 
who were unsuccessful candidates for these honors. 



99 
A Great State. 

The laws enacted by the General Assembly of Indiana 
apply to all the people who live upon a certain described 
section of the earth's surface, 276 miles long and 145 miles 
wide, and designated on the map as Indiana. The area of 
the State is 36,350 square miles, 440 square miles of which 
is water. But the real Indiana is the organized government 
and the people. 

Whenever you travel over the State on the passenger 
train, on the electric car, in the buggy or automobile, or on 
the bicycle, and see how much there is of it, and how well 
improved, you will realize what a truly great and grand 
State you live in. Yet there were not enough people within 
her borders to be entitled to a Congressman till 1816. That 
was necessary before it could be admitted as a State. 

There are persons yet living who were small barefoot 
boys and little toddling girls in 1816. Their heads are 
white now and their step feeble, but they can tell their 
great grandchildren about the good old days when Indiana 
was young and was considered a part of the far West. 
But the new times are better and can be made much better 
than the old times, as you can hear by attending an old 
settlers' meeting. The school boy and girl of England or 
Germany never heard of an old settlers' meeting, because 
those countries have been settled so long that the first 
settlers' bones have crumbled to dust many hundred years 
ago. 

Compared with the life of any European State our 
Country is as a strong youth beside an old man. 

In the years 1903, 1904 and 1905, more books were sold 
in the United States and England which had been written 
by Indiana authors than by the authors of any other State 
in the Union. This is the statement of the publishers and 
wholesale book merchants. Pictures of the most renowned 

LOFC. 



100 

Indiana literary men and women are given in this book. 
How many of their books have you read? 

You, young citizen, must be a school teacher, or some 
other useful artisan if you would contribute your part to 
the intellectual greatness of your State, and you can not 
do it in a better way than by becoming a good school teacher. 



State Government. 

The Governor is the executive officer of the state whose 
duty it is to enforce, or aid county, township and city offi- 
cials to enforce the laws. For this purpose he is at all 
times commander-in-chief of the State militia. Mobs, riots, 
insurrections, or other dangers to the public peace and 
security sometimes demand his prompt attention, and when 
local authorities fail, the Governor becomes the safeguard 
of law and order. No citizen can officiate as Justice of the 
Peace or Notary Public, nor as any county official, until 
commissioned as such by the Governor. 

The Pardoning Power. When one has been convicted 
of any crime other than treason and fined or sentenced to 
imprisonment or death, the Governor may either commute 
the sentence or reprieve or pardon the person convicted. 
A reprieve simply delays the time of carrying out the 
sentence. Commutation is the substitution of a lighter 
penalty than the one assessed. A pardon ends all legal 
results of the conviction. 

The Governor may also " parole' ' a prisoner, or order his 
release from prison either for a definite time or till his 
return is ordered. The granting of a parole during the 
good behavior of the person is considered a valuable aid for 
reformation. When the Governor remits a fine or for- 
feiture, the person must still pay the costs of the case in 
which it was incurred. 



101 

In cases of impeachment, the Governor has no power to 
intercede, and he can only reprieve a sentence for treason 
till the General Assembly meets. 

A board of pardons has been created to examine all 
applications and make recommendations to the Governor, 
but their decision is only advisory, and he may do as he 
pleases. 

The Secretary of State has chiefly to do with keeping 
records of the State and distributing documents and infor- 
mation regarding public affairs, public printing, corpora- 
tions and statistics; and in affixing the State seal and the 
Governor's signature to commissions and other documents 
requiring them. His term is two years. 

Most of the corporations doing business in the State. 
whether organized in Indiana or elsewhere, are required 
to file some kind of documentary evidence of the nature 
of their charters, and their financial responsibility and 
liability to suit in Indiana courts. The Secretary of State 
receives and keeps on file all such statements, and in some 
cases, if the statements are unsatisfactory, he may refuse 
the corporation permission to do business within the State. 

Auditor of State. His duties are prescribed by a num- 
ber of different statutes and relate to the subjects of keep- 
ing the accounts of the State, drawing warrants for the 
payment of money out of the State treasury, bringing suit, 
when necessary, for money due the State, and preserving 
books and records relating to the titles and surveys of lands 
which the State owns or has owned in the past. These 
records and surveys are in charge of a clerk familiar in a 
general way with their contents, who furnishes information 
regarding any matter connected with them, to whoever 
applies, tho the law does not require him to do so. This 
department is sometimes referred to as the "land office.'' 

He is ex-officio a member of the State Board of Tax 
Commissioners, which holds its meetings in his office, and 



102 

is charged with numerous duties with regard to corpora- 
tions, especially banking associations organized under the 
laws of Indiana. He audits all the accounts between this 
State and the United States, or between his State and 
another State, and between the State of Indiana and her 
counties and other political divisions. He keeps a detailed 
account of all moneys received by the State and all expen- 
ditures, and this task is rendered more difficult by the 
fact that there are a number of different funds, each of 
which requires a separate account. Term two years. 

The Treasurer of State is elected at the same time, and 
is limited to two terms in succession, the same as the 
Secretary and Auditor, and his duties are all provided by 
statute. He is the custodian of the funds of the State, 
and must keep them securely and account for them as 
required by law. 

Auditor's Drafts and Warrants. Anyone wishing to pay 
money into the State treasury must furnish the Auditor 
a statement of the liability upon which he proposes to pay 
it, and the Auditor must examine the matter carefully, and 
if he finds the amount a proper one to be received, he pre- 
pares a draft which authorizes the Treasurer to receive the 
same and directs to which fund it is to be credited. 

The Auditor's warrant is also necessary before the 
Treasurer is allowed to pay out any money. This arrange- 
ment enables the Auditor to keep an accurate account of 
all the receipts and expenditures of the state; and the 
Treasurer is required to publish monthly and annually a 
report of the same matters, so that the Auditor of State 
and the people may know of frauds and mistakes, should 
any occur. 

The Attorney General. The office of Attorney Gen- 
oral is statutory, but it is one of the most important not 
provided for by the constitution. The duties are such as 
to require great knowledge of the law, and tho the people 



103 

may elect whomever they choose, the Attorney General has 
always been a lawyer. He is chosen at the general election 
every two years and may be re-elected to any number of 
successive terms. 

His duties are to prosecute and defend suits by or against 
the State, where no one else is charged with that duty, and 
to conduct all criminal cases while in the Supreme or 
Appellate Court upon appeal, and to furnish a written 
opinion upon the validity or construction of a law when 
requested by a State officer or by the General Assembly. 
The Governor may request such an opinion of any question 
of law in which the State 's interests are involved, any other 
officer may request it upon any point concerning the duties 
of his office, and either house may request an opinion as 
to the constitutionality or validity of any existing or pro- 
posed law. He is also required to ascertain what sums of 
money have come into the hands of State and County offi- 
cers, or any other person, for unclaimed witness fees, docket 
fees, fines, forfeitures, estates to which there are no heirs, 
and from various other sources, and, if necessary, to insti- 
tute suits and take all necessary legal steps to compel the 
payment of the same to the officer authorized to receive 
them. 

A report of all moneys collected by the Attorney Gen- 
eral must be made by him at the close of each fiscal year 
to the Auditor of State. He also makes a report to the 
Governor every two years, stating the business done and 
the condition of the affairs of his office. 

Bureau of Statistics. — The Bureau of Statistics was 
not created until 1879. The officer at the head of this de- 
partment is called its "Chief," and frequently the "State 
Statistician." He (or she) is elected every two years, and 
receives a salary of three thousand dollars a year. It is 
the duty of the Bureau to collect, and every year publish, 
statistical information on agriculture, manufacturing, min- 



104 



ing, commerce, education, labor, social and sanitary condi- 
tions, vital statistics, marriages, deaths, and on the perma- 
nent prosperity of the industry of the State. This is a 
very formidable duty, and in performing it, the Chief has 
the power to call on all county, township, city and town 
officers to aid him. There is scarcely any limit to the work 
he (or she) is required to perform. It was not expected 
that he would perform all these duties every year; and so 




Seal of the State of Indiana. 

one year is often devoted to one subject, and then the next 
year another subject is taken up. Several volumes of these 
statistics have been published, some of which are of great 
value. The Chief has a deputy at $1,500 a year; and five 
thousand dollars is given every year with which to carry 
on the work of the Bureau. The Bureau is located in the 
State-House on the first floor. The present " Chief' ' of 
this Bureau is Miss Mary A. Stubbs. 



105 
Public Health and Safety. 

The State Board of Health was created by statute in 
1891, for the general purpose suggested by its name. There 
are five members of this board, all of whom are chosen 
for the term of four years. The Governor, Secretary and 
Auditor of State constitute a board of appointment to ap- 
point two members of the board of health each year with 
an odd number. The four appointed members elect the 
fifth, who must be a physician. He is secretary of the 
board and is known as the " state health officer." 

The Duties of This Board are to care for the lives 
and health of the people, to collect statistical information 
relating to health, births, deaths and the causes of diseases, 
especially those of an epidemic and communicable char- 
acter ; to regulate the plumbing, drainage and water supply 
of public buildings ; to supervise the dumping of polluting 
material into streams; to make rules and regulations for 
quarantining infectious diseases, and to superintend the 
local health boards of the cities and counties. 

The State Laboratory of Hygiene was added to the 
board of health by the Legislature of 1905. It is located in 
a room of the State House and presided over by a super- 
intendent and an assistant, appointed by the State board of 
health, The former is required to be skilled in bacteri- 
ology and pathology, and the latter in chemistry, and their 
tasks are to aid in the enforcement of the health and pure 
food and drug laws, and to conduct studies in hygiene and 
preventive medicine. 

Local Board of Health. Boards of County Commis- 
sioners, Town Trustees, and the Mayor and Common 
Council of cities are ex-officio boards of health within 
their respective jurisdictions, charged with the duty of 
protecting the public health, removing causes of disease, 
abating nuisances, taking prompt action to prevent the 



106 

spread of contagious diseases, and performing such other 
duties as the State board of health may require of them. 
Every such board elects a physician, who is required to be 
a graduate of some reputable medical college, to act as 
health officer of the board, for the term of four years. All 
the duties of the board are equally incumbent upon him, 
and in addition thereto he is required to quarantine and 
isolate cases of smallpox, diphtheria, membranous croup, 
scarlet fever, measles, and other communicable diseases 
at the peril of a fine and even imprisonment. It also falls 
to his lot to enforce the rules and regulations of the State 
board of health, which, if made within the scope of the 
powers and duties of that body, have all the force of laws. 

Herein may be seen the upward, onward march of civili- 
zation. Twenty years ago a so-called man might (and with- 
out being disturbed) spit a puddle of tobacco juice or other 
corruption upon the floors of public buildings, cars, or on 
sidewalks. It was thought to be nobody's business but his 
own. If it pleased only him, that was sufficient — twenty 
short years ago. Such an exhibition of selfishness would 
now land the offender in jail. 

In almost every car and public building may be seen 
this notice : 

$5.00 Fine 

Spitting on the floor is absolutely prohibited. It is not 
only contrary to the law of the State, but is also an offense 
against common decency. Board of Health. 

Medicine, Surgery, and Drugs. In order to protect the 
people against persons who might attempt surgical opera- 
tions or prescribe or dispense drugs and medicines without 
having sufficient skill and knowledge to be entrusted there- 
with, the practice of these arts is limited to those who have 
passed certain required examinations and have been duly 
licensed. 



107 

The State Board of Medical Registration and exami- 
nation is composed of six members, appointed by the Gov- 
ernor for terms of four years each, the terms of only two 
expiring the same year. No more than three members are 
permitted to be of the same political party, and no school 
or system of medicine ^can have a majority of the board, 
tho all members are required to be reputable physicians 
who have graduated from medical colleges of good repute. 

The Duties of this board are to aid in the enforcement 
of the law against the practice of medicine, surgery, or 
obstetrics without license, and to examine applicants and 
issue certificates to such as are qualified to practice. 

The certificate of the board is filed with the clerk of the 
county in which the applicant resides, and the clerk issues 
the license to practice. 

Dentists ' License. No one is permitted to practice 
dentistry without a license from the State board of dental 
examiners. This board consists of five practicing dentists, 
appointed for two years' terms, one by the Governor, one 
by the State board of health, and three by the Indiana 
State Dental Association. 

The Indiana Board op Pharmacy, composed of five 
pharmacists, is charged with the duty of watching over the 
condition of pharmacy thruout the State, and of issuing 
certificates as registered pharmacists, or assistant pharma- 
cists, to competent applicants, and it is unlawful for any 
person to conduct a store for the sale of poisonous drugs, or 
to sell at retail any such drug, or to compound for sale any 
physician's prescription, without a pharmacist or assistant 
in charge. 

Nurses. A board of five experienced nurses is appoint- 
ed by the Governor to have charge of the examination and 
registration of nurses. Licenses are issued to nurses found 
to be competent, and it is made a misdemeanor for any 
person to practice or advertise, or assume the title of 



108 

"trained" or "graduated" nurse, without having a license 
from the board. The law does not interfere with those 
who nurse the sick, either gratuitously or for hire, so long 
as they avoid the pretensions mentioned. 

State Board of Embalmers. The proper embalming 
of dead bodies being supposed to prevent the spread of 
infectious diseases, the Governor is empowered to appoint 
a board of five practical embalmers to examine persons 
wishing to engage in the business, and license such as are 
found to possess the necessary qualifications. It is made a 
misdemeanor to practice, or hold one's self out as an em- 
balmer, without having the proper license, and the board 
is enjoined to prosecute all such offenders. 

Factory Inspection. For the purpose of enforcing the 
law relating to child labor, as well as to see that the safety 
of all persons working in factories is properly provided for, 
a department of inspection is created by statute. The chief 
inspector is appointed by the governor, by and with the 
advice and consent of the Senate, for a term of four years. 
His duties are to inspect factories and like establishments, 
all over the State, and see that dangerous belts, shafts and 
other machinery is properly guarded, and due precaution 
taken for the safety of the employes; to see that children 
and women are not employed contrary to law, and to in- 
spect steam boilers and arrangements for fire protection 
and fire escapes. He is authorized to order such changes 
in the buildings and machinery of manufacturing and 
mercantile plants as will make them safe and sanitary, and 
factory owners and others who disregard his orders, are 
liable to a penalty. 

Inspection of Mines. The coal mines of Indiana, em- 
ploying thousands of persons, are dangerous to life and 
health unless operated with extreme care. Caving, noxious 
gases, flooding, fires, falling down shafts, the breaking of 
hoisting machinery, and other grave perils are to be guard- 



109 

ed against. The duties of the inspector of mines are to see 
that the numerous statutes relating to the operation of 
mines and the safety of the miners are complied with, and 
to issue certificates of competency to mine and fire bosses 
and hoisting engineers. The person appointed to this 
office by the state geologist must be a practical miner of 
at least ten years' experience, and must pass an examina- 
tion as to his qualifications. His term of office is two 
years, and he may appoint two assistants, who are also 
examined as to their knowledge of mining and other quali- 
fications. 

The Natural Gas Supervisor is appointed by the state 
geologist for a term of four years and is subject to the 
directions of that officer, who may remove him for viola- 
tion or neglect of duty. He is charged with the enforce- 
ment of all the laws of the state relating to the production 
and transportation of natural gas, and the plugging of 
abandoned gas and oil wells. He is required to devote his 
entire time to these duties, and to inspect all natural gas 
pipe-lines in the State once a year, to see that they are 
safe and secure, and that gas is not carried under a heavier 
pressure than the law allows. 

Inspection of Oils. The inflammable and explosive 
character of many of the oils and oily substances manufac- 
tured from petroleum has received legislative attention. 
All such products must be inspected by the State Supervisor 
or Oil Inspector, or his assistants, before being offered for 
sale in Indiana, and only those which are found sufficiently 
safe and stable can be placed upon the market. The super- 
visor is appointed by the governor for a term of four 
years. 

Government and Anarchy. 

So you see, my dear young citizen, we need rules and 
regulations to protect us from one another ; not because we 
are savage, for we are not, but because we are selfish. 



110 

Even if human beings were not selfish and each one loved 
his neighbor as himself we would still need government, 
because there would be so many different standards of 
right and wrong. In this country, where one citizen is as 
good as another, the only way to ascertain what is really 
wanted is to submit a question or a candidate to a vote of 
the people and let the majority rule. Altho the men of 
good judgment might all vote for a certain measure, and 
the more ignorant and less reasonable majority might vote 
against it, yet the wise minority must bow to the will of the 
majority — to the triumph of ignorance. 

If an ignorant majority votes w r rong they must suffer 
the consequences and so must all their fellow citizens. In 
this way we are responsible for the acts of one another. 
So it's somebody's business, isn't it, what somebody else 
does. This is why the community can not afford to have a 
young citizen grow up in ignorance. This is why we should 
inform ourselves on political questions and discuss them 
with our neighbors. In discussions of this kind you should 
carefully avoid using such argument as "old blue nosed 
Democrat, " or " you old Republican thief. ' ' Such remarks 
jar the nerves and divert the attention from the subject you 
are discussing. It is a slander on American intelligence 
to say that citizens can not safely talk together on how our 
government ought to be run. Township politics involve 
questions of roads and schools and other public improve- 
ments, and it is right for the people to talk of such things, 
but they needn't jaw. 

After all, politics is only the science of running the 
government, and you can't make a better definition. If 
you can, let's hear it. 

Did you ever think what a great advantage it is to have 
the law on your side? To have the law on your side is to 
have the authorities and the people on your side. Did 
you ever see a surging crowd melt away before a single 



Ill 

policeman, or a crowd of boisterous, brawling men grow 
quiet when an officer appeared? But Policemen and Sher- 
iffs are not the only officials who command respect. How 
quickly a Eoad Supervisor can settle a dispute between 
farmers as to how the road ought to be worked, by giving 
an order how it shall be done. Because the police and the 
Supervisor, the Trustee, the Commissioners, and all other 
officials — each within his jurisdiction — have the law and 
the government on their side. Sometimes, however, a mob 
of determined and infuriated men overpower the author- 
ities and override the law. 

The anarchist doctrine is that we need no law, no gov- 
ernment, no taxes, nor officers, that every man should be 
entirely free, entirely independent of every other man. 
The anarchist says that public sentiment would compel 
every man to support schools, to work the roads (which is 
another way of paying taxes) to keep up public improve- 
ments, and to be in every way a good citizen. He contends 
that our natural respect for the rights of others is sufficient 
to secure justice to every individual, without the expense 
of government. If our rights can be secured without gov- 
ernment then indeed we need no government. Thomas 
Jefferson said in the Declaration of Independence, "To 
secure these rights — life, liberty, and the pursuit of happi- 
ness — governments have been instituted among men. ' ' 
According to this doctrine governments exist for the bene- 
fit of the people and instead of for office-holders — and not 
the people for the government. The anarchist says we can 
have all these rights just as well without government as 
with it. 

But we do not think so, do we? Anarchists are more 
numerous in Europe than in this country. It often cures 
a man of anarchy to come from a bad government of 
Europe to this country, where the people are freer. When 
a man willfully violates the laws of his country he has 



112 

given his consent to everybody else to do the same thing; 
and if they did, it would break up our government. So the 
lawbreaker is to that extent an anarchist. Some men live 
as though they considered that laws were made to be en- 
forced against every one but themselves, or against all who 
do not have wit enough to evade them. But laws are made 
to be enforced, and if you are a good citizen you will help 
enforce them. You may have to prosecute somebody to 
accomplish this; then anarchists' sympathizers will begin 
to prattle about how people ought to mind their own busi- 
ness and let other people's business alone. It is your 
business to aid your government. Of course some people 
make a great bluster about enforcing the laws because they 
desire to be seen and talked about. Their motive is selfish, 
but that is better than no enforcement at all. Whenever 
you think that somebody ought to begin prosecution to 
break up* lawlessness in your community you are the some- 
body who ought to do it. Don't wait for somebody else 
to begin, nor to find out what other people will think, but 
act on your own judgment. People like to follow a man 
who has some judgment, and then acts upon it. The man 
majority and then joins that side doesn't amount to very 
much, and the people will not pay much attention to him. 
Socialism is just the opposite of anarchy. Socialism 
would have the government own and operate all railroads, 
mines, stores, farms and butcher shops — in fact, all busi- 
ness in the interest of the people. They hold that trusts 
are right and useful, but that the people — all the people, 
the government — should own them. 

In Conclusion. 

In conclusion, dear young citizen, you live in a great and 
grand country. It is partly yours. Men who have traveled 
in all the different countries of the world tell us that no 



113 

other will compare with ours. In Egypt they can point 
to their pyramids and tell us of the power of their kings 
3,000 years ago. But the people today stand idly upon 
the streets and beg from American travelers. The reason 
that Egyptians have to beg while the Americans have some- 
thing to give them, is that Americans are industrious while 
Egyptians are lazy. To be a good American citizen is to 
be industrious. This usually also means to be intelligent, 
and in nine cases out of ten, honest. 

You also live in a great State. While many of Indiana's 
citizens have won fame and fortune, what is a great deal 
more important, the masses of the common people are pros- 
perous, intelligent, industrious and progressive. If you 
would be a citizen worthy of your country and your State 
you will, in addition to being industrious and honest, 
acquire a fair education in the peaceful arts, cultivate the 
habit of personal politeness, and keep yourself unspotted 
from the world. If you do you will be such a citizen that 
the neighborhood in which you live will be proud of you, 
and you can do it. 

We have spent many days together. The writer hopes 
you have enjoyed the reading of these pages as much as 
he has enjoyed writing them. He hopes some day to have 
the opportunity to vote for you for Governor or State 
Superintendent; or, if you are not eligible to the office, 
he hopes you may be the Governor's wife or the Mrs. State 
Superintendent — if you want to be. The writer even 
wishes you a greater success. He hopes you may be a 
successful farmer or farmer's wife. Good-bye. 



114 

CONSTITUTION OF THE STATE OF INDIANA. 

Adopted 1851. 
(The Constitution of Indiana is much longer than the Federal 
Constitution, being much more detailed. The most important 
sections are here quoted, each section numbered as in the 
original document). 

PREAMBLE. 

To the end that justice be established, public order main- 
tained, and liberty perpetuated, we, the peopje of the State 
of Indiana, grateful to Almighty God for the free exercise 
of the right to choose our own form of government, do 
ordain this Constitution. 

Article 1— Bill of 'Rights. 

1. We declare that all men are created equal; that they are 
endowed by their Creator with certain unalienable rights; 
that among these are life, liberty and the pursuit of happiness; 
that all power is inherent in the people; and that all free 
governments are, and of right ought to be, founded on their 
authority, and instituted for their peace, safety, and well-being. 
For the advancement of these ends, the people have, at all 
times, an indefeasible right to alter and reform their govern- 
ment. 

2. All men shall be secured in their natural right to wor- 
ship Almighty God according to the dictates of their own con- 
sciences. 

3. No law shall, in any case whatever, control the free 
exercise and enjoyment of religious opinions or interfere with 
the rights of conscience. 

4. Church attendance not compulsory. No preference shall 
be given, by law, to any creed, religious society, or mode of 
worship; and no man shall be compelled to attend, erect, or 
support any place of worship, or to maintain any ministry, 
against his consent. 

5. No religious test shall be required as a qualification for 
any office of trust or profit. 

G. No money for religious institutions. No money shall be 
drawn from the treasury for the benefit of any religious or 
theological institution. 



115 

18. Reformation the basis of Penal Code. The Penal Code 
shall be founded on the principles of reformation and not of 
vindictive justice. 

21. Compensation for Services. No man's particular ser- 
vices shall be demanded without just compensation. No man's 
property shalj be taken by law without just compensation; nor, 
except in case of the State, without such compensation first 
assessed and tendered. 

22. Exemption — No imprisonment for debt. The privilege 
of the debtor to enjoy the necessary comforts of life shall be 
recognized by wholesome laws, exempting a reasonable amount 
of property from seizure or sale for the payment of any debt 
or liability hereafter contracted; and there shall be no impris- 
onment for debt, except in case of fraud. 

37. Slavery prohibited. There shall be neither slavery nor 
involuntary servitude within the State, otherwise than for the 
punishment of crimes, whereof the party shall have been duly 
convicted. No indenture of any negro or mulatto, made and 
executed out of the bonds of the State, shall be valid within the 
State. 

Article 2 — Suffrage and Elections. 

38. Elections free. All elections shall be free and equal. 

39. Qualification of electors. In all elections not otherwisp 
provided for by this Constitution, every male citizen ot the 
United States, of the age of twenty-one years and upwards, 
who shall have resided in the State during the six months, and 
in the township sixty days, and in the ward or precinct thirty 
days, immediately preceding such election, and every male of 
foreign birth, of the age of twenty-one years and upwards, 
who shall have resided in the United States one year, and shall 
have resided in this State during the six months, and in the 
township sixty days, and in the ward or precinct thirty days, 
immediately preceding such election, and shall have declared 
his intention to become a citizen of the United States, con- 
formably to the Laws of the United States on the subject of 
Naturalization, shall be entitled to vote in the township or 
precinct where he may reside, if he shall have been duly 
registered according to law. [As amended March 14, 1881.] 



116 

43. Challenge to duel. Every person who shall give or ac- 
cept a challenge to fight a duel, or who shall knowingly carry 
to another person such challenge, or who shall agree to go out 
of the State to fight a duel, shall be ineligible to any office of 
trust or profit. 

Article 3 — Distribution of Powers. 

51. Three departments. The powers of the Government are 
divided into three separate departments: the Legislative, the 
Executive, including the Administrative, and the Judicial, and 
no person charged with official duties under one of these de- 
partments shall exercise any of the functions of another, except 
as in this Constitution expressly provided. 

Article 4 — Legislative. 

52. The General Assembly. The legislative authority of the 
State shall be vested in the General Assembly, which shall 
consist of a Senate and a House of Representatives. The 
style of every law shall be: "Be it enacted by the General 
Assembly of the State of Indiana": and no law shall be enacted 
except by bill. 

53. Number. The Senate shall not exceed fifty nor the 
House of Representatives one hundred members; and they 
shall be chosen by the electors of the respective counties or 
districts into which the State may, from time to time, be 
divided. 

68. Bills. Bills may originate in either House, but may be 
amended or rejected in the other, except that bills for raising 
revenue shall originate in the House of Representatives. 

69. Reading and vote. Every bill shall be read, by sections, 
on three several days, in each House; unless, in case of 
emergency, two-thirds of the House where such bill may be 
pending, shall, by a vote of yeas and nays, deem it expedient 
to dispense with this rule; but the reading of a bill by sections, 
on its final passage, shall, in no case, be dispensed with; and 
the vote on the passage of every bill or joint resolution shall 
be taken by yeas and nays. 

70. Subject-matter and title. Every Act shall embrace but 



117 

one subject and matters properly connected therewith; which 
subject shall be exprssed in the title. But if any subject shall 
be embraced in an Act which shall not be expressed in the 
title, such Act shall be void only as to so much thereof as 
shall not be expressed in the title. 

72. Acts, how amended. No Act shall ever be revised or 
amended by mere reference to its title; but the Act revised 
or section amended shall be set forth and published at full 
length. 

74. Laws must be general. In all cases enumerated in the 
preceding section, and in all other cases where a general law 
can be made applicable, all laws shall be general, and of uni- 
form operation throughout the State. 

76. Passage of bills. A majority of all the members elect- 
ed to each House shall be necessary to pass every bill or joint 
resolution; and all bills and joint resolutions so passed shall 
be signed by the presiding officers of the respective houses. 

Article 5 — Executive. 

82. Governor. The executive powers of the State shall be 
vested in a Governor. He shall hold his office during four 
years, and shall not be eligible more than four years in any 
period of eight years. 

83. Lieutenant-Governor. There shall be a Lieutenant-Gov- 
ernor, who shall hold his office during four years. 

93. Governor, Commander-in-Chief. The Governor shall be 
Commander-in-Chief of the military and naval forces, and may 
call out such forces to execute the laws, or to suppress insur- 
rection, or to repel invasion. 

94. Messages. He shall, from time to time, give to the 
General Assembly information touching the condition of the 
State, and recommend such measures as he shall judge to be 
expedient. 

79. Execution of laws. He shall take care that the laws 
be faithfully executed. 

Article 6 — Administrative. 
106. Secretary, Auditor and Treasurer of State. There shall 



118 

be elected, by the voters of the State, a Secretary, an Auditor, 
and a Treasurer of State, who shall severally hold their offices 
for two years. They shall perform such duties as may be said 
offices more than four years in any period of six years. 

107. Terms of county officers. There shall be elected in 
each county, by the voters thereof, at the time of holding gen- 
eral elections, a Clerk of the Circuit Court, Auditor, Recorder, 
Treasurer, Sheriff, Coroner and Surveyor. The Clerk, Auditor 
and Recorder* shall continue in office four years; and no person 
shall be eligible to the office of Clerk, Recorder or Auditor 
more than eight years in any period of twelve years. The 
Treasurer, Sheriff, Coroner and Surveyor shall continue in 
office two years; and no person shall be eligible to the office 
of Treasurer or Sheriff more than four years in any period of 
six years. 

108. County and Township Officers. Such other county and 
township officers as may be necessary, shall be elected or 
appointed in such manner as may be prescribed by law. 

Article 7 — Judicial. 

116. Judicial powers. The judicial powers of the State shall 
be vested in a Supreme Court, the Circuit Courts, and in such 
other Courts as the General Assembly may establish. [As 
amended March 14, 1881.] 

117. Supreme Court. The Supreme Court shall consist of 
not less than three, nor more than five Judges, a majority of 
whom shall form a quorum. They shall hold their offices for 
six years, if they so long behave well. 

118. Judicial districts. The State shall be divided into as 
many districts as there are Judges of the Supreme Court; and 
such districts shall be formed of contiguous territory, as nearly 
equal in population as, without dividing a county, the same 
can be made. One of said Judges shall be elected from each 
district, and reside therein; but' said Judges shall be elected 
by the electors of the State at large. 

124. Circuit Judges. The State shall from time to time, be 
divided into judicial circuits; and a Judge for each circuit shall 
be elected by the voters thereof. He shall reside within the 



119 

circuit, and shall hold his office for the term of six years, if 
he so long behave well. 

126. Prosecuting Attorneys. There shall be elected, in each 
judicial circuit, by the voters thereof, a Prosecuting Attorney 
who shall hold his office for two years. 

129. Justices of the Peace. A competent number of Jus- 
tices of the Peace shall be elected by the voters in each town- 
ship in the several counties. They shall continue in office 
four years, and their powers and duties shall be prescribed by 
law. 

132. Grand Jury system. The General Assembly may mod- 
ify or abolish the Grand Jury system. 

Article 8 — Education. 

137. Common schools. Knowledge and learning, generally 
diffused throughout a community being essential to the pres- 
ervation of a free government, it shall be the duty of the 
General Assembly to encourage by all suitable means, moral, 
intellectual, scientific and agricultural improvement, and to 
provide, by law, for a general and uniform system of common 
schools, wherein tuition shall be without charge, and equally 
open to all. 

Article 12— Militia. 

169. Organization. The militia shall consist of all able* 
bodied white male persons, between the ages of eighteen and 
forty-five years, except such as may be exempted by the laws 
of the United States or of this State; and shall be organized, 
officered, armed, equipped and trained in such a manner as 
may be provided by law. 

Article 13 — Municipal Debt. 

175. Limited — Excess void. No political or muicipal cor- 
poration in this State shall ever become indebted, in any man- 
ner or for any purpose, to an amount in the aggregate ex- 
ceeding two per centum on the value of the taxable property 
within such corporation, to be ascertained by the last assess- 
ment for State and county taxes previous to the incurring such 
indebtedness; and all bonds or obligations in excess of such 
amount, given by such corporation, shall be void. 



120 

Article 14 — Boundaries. 

177. Jurisdictions. The State oi Indiana shall possess juris- 
diction and sovereignty co-extensive with the boundaries de- 
clared in the preceding section, and shall have concurrent 
jurisdiction, in civil and criminal cases, with the State of 
Kentucky on the Ohio river, and with the State of Illinois on 
the Wabash river, so far as said rivers form the common 
boundary between this State and said States respectively. 
Article 16 — Amendments. 

188. How made. Any amendment or amendments to this 
Constitution may be proposed in either branch of the General 
Assembly, and if the same shall be agreed to by a majority 
of the members elected to each of the two Houses, such pro- 
posed amendment or amendments shall, with the yeas and nays 
thereon, be entered on their journals, and referred to the Gen- 
eral Assembly to be chosen at the next general election; and 
if in the General Assembly so chosen, such proposed amend- 
ment or amendments shall be agreed to by a majority of all 
the members elected to each House, then it shall be the duty 
of the General Assembly to submit such amendment or amend- 
ments to the electors of the State; and if a majority of said 
electors shall ratify the same such amendment or amendments 
shall become a part of this Constitution. 



QUESTIONS ON THE CONSTITUTION. 

1. Must we obey laws which are unconstitutional? Bring 
up some instances of such laws. 

2. Enumerate your individual privileges guaranteed by Art. 1. 

3. Why may vote in Indiana? Who may hold office? 

4. Compare the veto power of the Governor of Indiana with 
the veto power of the President. 

5. What offices were created by the Constitution? By the 
Legislature? The Legislature can abolish any office which it 
created. 

6. What is the State's purpose in sending criminals to 
prison? What is the common idea? 



121 

Indiana's Governors. 

(Territorial; appointed by President.) 
Arthur St. Clair, Governor Northwest Territory 1787-1800 

William Henry Harrison 1800-1811 

John Gibson 1811-1813 

Thomas Posey 1813-1816 

State. 

Jonathan Jennings, Democrat 1816-1822 

William Hendricks, Democrat 1822-1825 

James B. Ray, Democrat 1825-1831 

Noah Noble, Democrat 1831-1837 

David Wallace, Whig 1837-1840 

Samuel Bigger, Whig 1840-1843 

James Whitcomb, Democrat 1843-1849 

Joseph A. Wright, Democrat 1849-1857 

Ashbel P. Willard, Democrat 1857-1861 

Henry S. Lane, Republican 1861 — 2 days 

Oliver P. Morton, Republican 1861-1867 

Conrad Baker, Republican 1867-1873 

Thomas A. Hendricks, Democrat • 1873-1877 

James D. Williams, Democrat 1877-1881 

Albert G. Porter, Republican 1881-1885 

Isaac P. Gray, Democrat 1885-1889 

Alvin P. Hovey, Republican 1889-1893 

Claude Matthews, Democrat 1893-1897 

James A. Mount, Republican 1897-1901 

Winfield T. Durbin, Republican 1901-1905 

J. Frank Hanly, Republican 1905 

What Some Men Receive for Serving Their Country. 

President, Salary $50,000 

Traveling Expenses 25,000 

Household, and other expenses (in 1907) . . . 113,000 

Cabinet Officers, each 8,000 

Vice President 8,000 



122 

United States Senators 7,500 

Representatives in Congress 7,500 

Speaker 8,000 

Chief Justice of U. S 13,000 

Justices 12,500 

Governor of Indiana 8,000 

Secretary 2,400 

Clerk 1,200 

Governor of New York 10,000 

Governor of Illinois 6,000 

Indiana Legislators 360 

Illinois Legislators 1,000 

Indiana Salaries. 

Adjutant General $ 2,500 

Clerk 900 

Stenographer 600 

Attorney General 7,500 

Assistant Attorney General 2,400 

First Deputy 2,000 

Second Deputy 1,800 

Traveling Deputy 1,800 

Auditor of State 7,500 

Deputy 2,500 

Insurance Clerk 1,800 

Deputy Insurance Clerk 1,000 

Insurance Actuary 2,000 

Land Clerk 1,800 

Settlement Clerk 1,600 

Board of Health, Secretary 2,400 

Clerk of Vital Statistics 1,000 

Members, for each meeting 10 

Expenses 10,000 

Commissioner Fisheries and Game 1,200 

Expenses 7,500 

Traveling Expenses 800 



123 

Factory Inspector 1.800 

Chief Deputy 1,500 

Other Deputies 1,000 

Forestry Board, Secretary 1,800 

Members 400 

Clerk 600 

Office and Traveling Expenses 1,000 

Gas Inspector 1,200 

Assistant 1,000 

Expenses 1,000 

Geologist 2,500 

Clerk 750 

Custodian of Museum 600 

Expenses 3,800 

Governor 8,000 

Private Secretary 1.500 

Clerk 1,200 

Messenger 1,000 

Judge Appellate Court 6,000 

Judge Circuit Court 3,500 

Judge of Superior Court 3,500 

Judge of Supreme Court 6,000 

Judge of Criminal Court 3,500 

Mine Inspector 1,500 

Assistant 1,500 

Clerk and Stenographer 600 

Expenses 1.500 

Oil Inspector 2,500 

Expenses 900 

Prosecuting Attorney, fees 500 

Clerk, Bureau of Printing 1.200 

Railroad Commission, Secretary 2.500 

Members * 4.000 

Clerk 1.500 

Representatives, while in session, per day \ 6 



124 

Reporter of Supreme Court 5,000 

First Assistant 1,800 

Second Assistant 1,000 

Secretary of State 6,500 

Deputy 2,400 

Clerk 1,000 

Senators, while in session, per day 6 

Statistician 3,000 

Deputy 1,500 

Stenographer 720 

Superintendent Laboratory of Hygiene 2,000 

Assistant 1,500 

Superintendent of Public Instruction 3,000 

Assistant 2,000 

Deputy 1,500 

Clerk 1,200 

Stenographer 720 

Treasurer of State 6,500 

Deputy 2,000 

Clerk 720 



ORDINANCE OF 1787. 

July 13, 1787, the Congress passed the famous Ordinance of 
1787, while the Constitutional Convention was in session in the 
same city — Philadelphia. The "Ordinance" established the gov- 
ernment of the Northwest Territory — embracing the present 
States of Wisconsin, Michigan, Ohio, Indiana and Illinois. Por- 
tions are here quoted: 

Article 3. Religion, morality and knowledge, being neces- 
sary to good government and the happiness of mankind, 
schools and education shall be forever encouraged. * * * 

Article 5. There shall be formed in the said Territory not 
less than three nor more than five States * * *. 

Article 6. There shall be neither slavery nor involuntary 
servitude in the said Territory otherwise than in the punish- 
ment of crimes, whereof the party shall have been duly con- 
victed. 



Population of Indiana 

Total for 1890 2,192,404 

Total for 1900 .2,516,462 

Counties, Population and County Seats of Indiana, Census of 1900 



Counties 



Adams 

Alien 

Bartholomew . 

Benton 

Blackford 

Boone 

Brown 

Carroll 

Cass 

Clark 

Clay 

Clinton 

Crawford 

Daviess. ... , 
Dearborn .... 

Decatur 

DeKalb 

Delaware 

Dubois 

Elkhart 

Fayette 

Floyd 

Fountain 

Franklin 

Fulton 

Gibson 

Grant 

Greene 

Hamilton 

EUrticock .... 

Harrison 

Hendricks . . . 

Henry 

Howard 

Huntington . . 

Jackson 

Jasper 

Jay 

Jefferson 

Jennings .... 

Johnson 

Knox 

Kosciusko . . . 
Lagrange .... 



Population 
of County 



22,232 
77,270 
24,594 
13,123 
17,213 
26,321 
9,727 
19,953 
34,545 
31,835 
34,285 
28,202 
13,476 
29,914 
22,194 
19,518 
25,711 
49,624 
20,357 
45,024 
13,495 
30,118 
21,446 
16,388 
17.453 
30,099 
54,693 
28,530 
29,914 
19,189 
21,702 
21,292 
22,088 
28,575 
28,901 
26,633 
14,292 
26,818 
22,913 
15,575 
20,223 
32,746 
29,109 
15,284 



Population of County Seats 

Decatur 4,142 

Fort Wayne 44,115 

Columbus 8,130 

Fowler 1,429 

Hartford City 5,912 

Lebanon 4,465 

Nashville 393 

Delphi 2,135 

Logansport 16,204 

Jeffersonville 10,774 

Brazil 7,787 

Frankfort 7,100 

English 650 

Washington 8,551 

Lawrenceburg 3,326 

Greensburg 5,034 

Auburn 3,396 

Muncie 20,942 

Jasper 1,863 

Goshen 7 810 

Connersville 6.836 

New Albany 20,628 

Covington 2,213 

Brookville 2,037 

Rochester 3,421 

Princeton 6,041 

Marion 17,337 

Bloomfield 1,588 

Noblesville 4,792 

Greenfield 4,489 

Corydon 1,610 

Danville 1,802 

Newcastle 3,406 

Kokomo 10,609 

Huntington 9.491 

Brownstown 1,685 

Rensselear 2,255 

Portland 4,798 

Madison 7,835 

Vernon 557 

Franklin 4,005 

Vincennes 10,249 

Warsaw... 3,987 

Lagrange 1,703 



Counties, Population and County Seats — Continued 



Counties 



Lake 

Loporte 

Lawrence 

Madison 

Marion 

Marshall. . . . 

Martin 

Miami 

Monroe 

Montgomery , 

Morgan 

Newton 

Noble 

Ohio 

Orange 

Owen 

Parke 

Perry 

Pike 

Porter 

Posey 

Pulaski 

Putnam 

Randolph 

Ripley 

Rush 

Scott 

Shelby 

Spencer 

Starke 

St. Joseph . . . 

Steuben 

Sullivan 

Switzerland 
Tippecanoe . . 

Tipton 

Union 

Vanderburgh 
Vermillion . . . 

Vigo 

Wabash 

Warren 

Warrick 

Washington. . 

Wayne 

Wells 

White 

Whitley 



Population 
of County 



37,892 
38,386 
25,729 
70,470 
197,227 
25,119 
14,711 
28,344 
26,873 
29,388 
20,457 
10,447 
23,533 

4,724 
16,845 
15,149 
23,000 
18,788 
20,486 
19,175 
22,333 
14,033 
21,478 
28,653 
19,881 
29,148 

8,307 
26,491 
22,407 
10,431 
58,881 
15,219 
26,005 
11,840 
38,659 
19,116 

6,748 
71,769 
15,252 
62,035 
28,235 
11,371 
22,329 
19,409 
38,970 
23,439 
19,138 
17,328 



Population of County Seats 



Crown Point 2,336 

Laporte 7,113 

Bedford 6,115 

Anderson 20,178 

Indianapolis 169,164 

Plymouth 3,656 

Shoals 683 

Peru 8,463 

Bloomington 6,460 

Crawfordsville 6,641 

Martinsville 4,038 

Kentland 1,006 

Albion 1,324 

Rising Sun 1,548 

Paoli 1,186 

Spencer 2,026 

Rockville 2,045 

Cannelton 2,188 

Petersburg 1,751 

Valparaiso 6,280 

Mt. Vernon 5,132 

Winamac 1,684 

Greencastle 3,661 

Winchester 3,705 

Versailles 501 

Rushville 4,541 

Scottsburg 1,274 

Shelby ville 7,169 

Rockport 2,882 

Knox 1,466 

South Bend 35,999 

Angola 2,141 

Sullivan 3,118 

Vevay 1,588 

Lafayette 18,116 

Tipton 3,764 

Liberty 1,449 

Evans ville 59,007 

Newport 610 

Terre Haute 36,673 

Wabash 8,618 

Williamsport 1,245 

Boone ville 2,849 

Salem 1,895 

Richmond 18,226 

Bluffton 4,479 

Monticello 2,107 

Columbia City 2,975 



INDEX 

Page 

Auditor 37 

Cities 60 

Coroner 47 

Courts and Court Proceedings 52 

County Assessor 49 

County Clerk 38 

County Commissioners and County Council 31 

County Officials 12 

County Recorder 36 

County Superintendent 39 

County Surveyor 48 

County Treasurer 30 

Drainage Commissioners 48 

Government and Anarchy 109 

Grand Jury 49 

Health and Safety 105 

Historical Sketch 95 

How Juries Are Chosen 51 

How Lands Are Surveyed 92 

Indiana and the Nation 9 

Justice of the Peace 57 

Legislature at Work 15 

Law of Contracts 81 

Laws, Lawyers and the Practice of Law 19 

Political Parties 76 

Poor House 61 

Prosecuting Attorney 56 

Road Supervisor 70 

Roads and Highways 89 

Sheriff 39 

State School System 72 

Some Xew Laws 101 

State Government 100 

School Fund 74 

Towns 59 

Township Officers 14 

Township Assessor and Taxation 28 

Township Trustee 62 

Truant Officer 41 



1AM 24 1908 



LIBRARY OF CONGRESS • 1 



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